{"id":64545,"date":"2026-07-27T09:38:09","date_gmt":"2026-07-27T14:38:09","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64545"},"modified":"2026-07-27T09:38:09","modified_gmt":"2026-07-27T14:38:09","slug":"fl5-state-failed-to-show-justification-for-delay-for-dog-sniff","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64545","title":{"rendered":"FL5: State failed to show justification for delay for dog sniff"},"content":{"rendered":"\n<p>This being a warrantless search during a traffic stop with a drug gog, the state bore the burden of proof on justification for detention for the dog sniff, and it failed to show that the stop was lawfully continued. Reversed. <a href=\"https:\/\/flcourts-media.flcourts.gov\/content\/download\/2492827\/opinion\/Opinion_2025-1286.pdf\">Hudson v. State<\/a>, 2026 Fla. App. LEXIS 5681 (Fla. 5th DCA July 24, 2026).<\/p>\n\n\n\n<p>2255 petitioner doesn\u2019t show that defense counsel was ineffective for (1) not filing a motion to suppress or (2) that it would even prevail. Therefore, no prejudice. United States v. McIntosh, 2026 U.S. Dist. LEXIS 163234 (D. Minn. July 23, 2026).*<\/p>\n\n\n\n<p>There was probable cause for the search warrant for defendant\u2019s cell phone and where it was. Two calls were made from it after he\u2019d been arrested, and the officers believed they had the location. Defendant\u2019s Franks challenge fails for failing to show materiality. United States v. Livigni, 2026 U.S. Dist. LEXIS 162837 (S.D.N.Y. July 22, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>This being a warrantless search during a traffic stop with a drug gog, the state bore the burden of proof on justification for detention for the dog sniff, and it failed to show that the stop was lawfully continued. Reversed. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=64545\">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":[104,5,27,23,20],"tags":[],"class_list":["post-64545","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-cell-phones","category-dog-sniff","category-ineffective-assistance","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64545","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=64545"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64545\/revisions"}],"predecessor-version":[{"id":64546,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64545\/revisions\/64546"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64545"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64545"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64545"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}