{"id":43837,"date":"2020-05-21T13:23:56","date_gmt":"2020-05-21T18:23:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43837"},"modified":"2020-05-21T13:23:56","modified_gmt":"2020-05-21T18:23:56","slug":"two-on-delay-under-rodriguez-one-reasonable-one-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43837","title":{"rendered":"Two on delay under <em>Rodriguez<\/em>, one reasonable, one unreasonable"},"content":{"rendered":"\n<p>Under Rodriguez, \u201c[a]s we have explained, having Barker sit in the patrol car was within \u2018[t]he reasonable scope of  the initial traffic stop\u2019 itself. \u2026 The stop was not extended until the officer conducted a search, but by then, probable cause existed. \u2026 With no illegal seizure, there was no illegal search.\u201d <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/20\/05\/191880U.pdf\">United States v. Barker<\/a>, 2020 U.S. App. LEXIS 16205 (8th Cir. May 21, 2020).<\/p>\n\n\n\n<p>\u201cWe conclude that Officer Mikowski abandoned the purpose of the traffic stop when he spoke with Deputy Kindelberger, separately moved and seated Jacobsen and Roest on the curb, and had a casual conversation with Roest in order to facilitate a drug dog sniff unsupported by reasonable suspicion. This Court recently explained that, pursuant to Rodriguez, \u2018an abandonment occurs when officers deviate from the purpose of the traffic mission in order to investigate, or engage in safety measures aimed at investigating crimes unrelated to roadway safety for which the officers lack reasonable suspicion.\u2019 State v. Still, 166 Idaho 351, 356, 458 P.3d 220, 225 (Ct. App. 2019).\u201d <a href=\"https:\/\/isc.idaho.gov\/opinions\/46886.pdf\">State v. Jacobsen<\/a>, 2020 Ida. App. LEXIS 49 (May 20, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Under Rodriguez, \u201c[a]s we have explained, having Barker sit in the patrol car was within \u2018[t]he reasonable scope of the initial traffic stop\u2019 itself. \u2026 The stop was not extended until the officer conducted a search, but by then, probable &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43837\">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-43837","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43837","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=43837"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43837\/revisions"}],"predecessor-version":[{"id":43838,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43837\/revisions\/43838"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43837"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43837"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43837"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}