{"id":19699,"date":"2015-11-27T01:32:57","date_gmt":"2015-11-27T06:32:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19699"},"modified":"2015-11-26T18:34:01","modified_gmt":"2015-11-26T23:34:01","slug":"two-on-rodriguez-and-extended-stops","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19699","title":{"rendered":"Two on Rodriguez and extended stops"},"content":{"rendered":"<p>The stop of defendant\u2019s vehicle was extended for a dog sniff. The defense argued that it was unreasonable, and the trial court found it was de minimus. Rodriguez was then decided, and it applies. The dog sniff occurred after defendant should have been released. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=6e3f7e34-0352-4dd3-9eb8-edfeb390ef3b\">Watts v. State<\/a>, 2015 Ga. App. LEXIS 727 (Nov. 20, 2015).<\/p>\n<p>Even though the Supreme Court has counseled against using \u201cstanding\u201d instead of \u201creasonable expectation of privacy\u201d or \u201cinterest,\u201d \u201cthe two formulas come to the same thing, and cases continue to discuss Fourth Amendment \u2018standing.\u2019\u201d Defendant was in a rental car that he didn\u2019t rent and wasn\u2019t an authorized driver, yet he conceivably still could have had standing. No matter, however, because reasonable suspicion developed to continue the stop for a drug dog to arrive at the scene, and it wasn\u2019t unreasonable under Rodriguez. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2015\/D11-25\/C:14-2860:J:Posner:aut:T:fnOp:N:1662814:S:0\">United States v. Sanford<\/a>, 2015 U.S. App. LEXIS 20503 (7th Cir. Nov. 25, 2015).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The stop of defendant\u2019s vehicle was extended for a dog sniff. The defense argued that it was unreasonable, and the trial court found it was de minimus. Rodriguez was then decided, and it applies. The dog sniff occurred after defendant &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19699\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63,34],"tags":[],"class_list":["post-19699","post","type-post","status-publish","format-standard","hentry","category-reasonableness","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19699","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19699"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19699\/revisions"}],"predecessor-version":[{"id":19700,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19699\/revisions\/19700"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19699"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19699"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19699"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}