{"id":24546,"date":"2016-11-28T00:10:59","date_gmt":"2016-11-28T05:10:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24546"},"modified":"2016-11-26T18:13:36","modified_gmt":"2016-11-26T23:13:36","slug":"ms-delay-for-dog-sniff-doesnt-seem-to-matter-in-mississippi-if-the-dog-is-already-there","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=24546","title":{"rendered":"MS: Delay for dog sniff doesn&#8217;t seem to matter in Mississippi if the dog is already there"},"content":{"rendered":"<p>The court holds essentially that it didn\u2019t matter whether there was reasonable suspicion or not for a dog sniff after a traffic stop. Also, there\u2019s no ineffective assistance claim to a forfeiture. <a href=\"http:\/\/courts.ms.gov\/Images\/Opinions\/CO116915.pdf\">In re One Hundred Thirtyseven Thousand Three Hundred Twenty-Five Dollars $137,325.00 in United States Currency v. State ex rel. Pelahatchie Police Dep&#8217;t<\/a>, 2016 Miss. App. LEXIS 746 (Nov. 22, 2016).<\/p>\n<p>Defendant was convicted of being a felon in possession. In what could have been Terry at a different time and place, two men were in a car waiting for a gun store to open. The owner arrived, and the police were watching. The two men didn\u2019t enter when the store opened, and then a third man walked up and the three went inside. The store had been robbed before and had been burglarized. The store owner thought a straw purchase was being attempted. The police outside were called, and they came in, and the three men went back outside. Outside, another officer observed the three passing a gun around to each other. Defendant went back into the store with a second man and the third stayed outside. The officers thought a robbery maybe going down, and they called the store, but no robbery. He came out with a gun and passed it to one of the other men who tucked it in his waistband. The officers called for a marked car to make the stop. \u201cWe further find that based upon the totality of the circumstances, the officers&#8217; observations created reasonable and articulable suspicion that criminal activity was afoot, thus justifying further investigation and the detention of appellant.\u201d <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2016\/2016-Ohio-7890.pdf\">State v. Higgins<\/a>, 2016-Ohio-7890, 2016 Ohio App. LEXIS 4758 (8th Dist. Nov. 23, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The court holds essentially that it didn\u2019t matter whether there was reasonable suspicion or not for a dog sniff after a traffic stop. Also, there\u2019s no ineffective assistance claim to a forfeiture. In re One Hundred Thirtyseven Thousand Three Hundred &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=24546\">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":[27,35],"tags":[],"class_list":["post-24546","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24546","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=24546"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24546\/revisions"}],"predecessor-version":[{"id":24547,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24546\/revisions\/24547"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24546"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24546"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24546"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}