{"id":29480,"date":"2017-09-29T06:51:31","date_gmt":"2017-09-29T11:51:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29480"},"modified":"2017-09-30T12:50:26","modified_gmt":"2017-09-30T17:50:26","slug":"ca9-rodriguez-taint-from-one-stop-and-affect-a-later-one-where-the-first-officer-had-to-let-the-vehicle-go-when-the-dog-was-delayed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=29480","title":{"rendered":"CA9: <em>Rodriguez<\/em> taint from one stop affected a later one where the first officer had to let the vehicle go when the dog was delayed"},"content":{"rendered":"<p>The district court did not err during a civil forfeiture action when it granted a claimant&#8217;s motion to suppress $167,070 a sheriff&#8217;s deputy found in a mobile home the claimant was driving, ordered the Government to return the money, and awarded the claimant $146,938 in attorneys&#8217; fees. Although the deputy who made the stop obtained a warrant to search the vehicle after a drug dog indicated the presence of drugs or drug-tainted money, that stop was tainted because a local patrol officer had earlier the same day stopped the claimant, kept him longer than necessary while he unsuccessfully attempted to secure the assistance of another officer with a drug dog, and had called ahead to the sheriff&#8217;s office and suggested that they have a deputy stop him to see if a drug-detection dog alerted when it was walked around the home. It was two coordinated stops. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2017\/09\/14\/15-16600.pdf\">United States v. Gorman<\/a>, 2017 U.S. App. LEXIS 18610 (9th Cir. Sept. 14, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The district court did not err during a civil forfeiture action when it granted a claimant&#8217;s motion to suppress $167,070 a sheriff&#8217;s deputy found in a mobile home the claimant was driving, ordered the Government to return the money, and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=29480\">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":[35],"tags":[],"class_list":["post-29480","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29480","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=29480"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29480\/revisions"}],"predecessor-version":[{"id":29512,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29480\/revisions\/29512"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29480"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29480"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29480"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}