Justices: Police Can't Extend Traffic Stop Awaiting Drug Dog

[Trajano]

Source: AP

The Supreme Court says police may not extend an ordinary traffic stop to seek evidence of crimes unrelated to the offense that prompted officers to pull a vehicle over.

The justices voted 6-3 Tuesday in favor of a driver who was found to have methamphetamine in his car. Dennys Rodriguez was issued a warning for driving on the shoulder of a Nebraska highway and then made to wait less than 10 minutes for the arrival of a drug-sniffing dog. The dog alerted and a search of the vehicle turned up the drugs.

But Justice Ruth Bader Ginsburg said in her majority opinion that prolonging the traffic stop beyond the time needed to deal with the initial offense was improper, even if only for a few minutes.

Read more: http://abcnews.go.com/Politics/wireStory/justices-police-extend-traffic-stop-awaiting-drug-dog-30470457

---

The "libertarian" Anthony Kennedy dissented along with Alito and Clarence Thomas.

Roberts and Scalia joined the liberals.

[Snotcicles]

1. I wonder which one of those brilliant minds will write the descent. nt

[Buzz Clik]

13. "descent" -- Intentional?

[libdem4life]

2. Pretty soon those Justices are going to go All Liberal and declare you can't stop anyone without

Reasonable Cause...including getting the hell out of any place the viscous police happen to be. Probably means we'll need fewer police.

[Snotcicles]

4. Fewer police, interesting, less make-work. nt

[libdem4life]

5. Now the Feds are coming in more and more...cell phone cameras...what's a testosterone-

adrenaline-charged cop to do with all of that energy? It's getting interesting...and tipping Our Way just a bit. Hard to lie when it's on video, not to say they still don't try it.

See there, it's not what it looks like...you going to believe me or your lyin' eyes.

[Snotcicles]

8. When ten times as many that are needed show up at the scene,

it's a slow night. Send a few home. Spare the tax payers. It will just end up a juiced-up feeding frenzy anyway.
Better yet, send them back to the station, have them scrub out the drunk tank, give the custodian a well deserved night off.

[libdem4life]

11. I'm sure it did empty a few nearby coffee shops. Add a caffeine high to the other two high-juicers.

I think it was in Arizona where they reported all LEO events weekly in the local newspaper. I counted the number of issues...most of them ridiculously minor. Compared to the number on the police force...that's when I realized that a cop's job is just to suit up and wait for something to do. I agree. Pay them hourly and put other tasks on the list. Like helping out the family of the victims.

I'm on record for wanting personal Errors and Omissions Insurance, paid for by the officers, where there is a Point Count and rates go up or down, depending on actions. And once the points are gone, off the force, but with the ability to take classes etc. and apply again. Until it hits their pockets, there will be little progress, I fear.

[Snotcicles]

15. They need ongoing training, but most departments are cash strapped as it is. nt

[libdem4life]

18. Kind of like Ethics Training...if you need it, it probably won't help much. They must be screened

for being human, first and foremost. Then self-insured. Then overseen by a non-local Review Board.

Cameras will go a long way to providing the training they need. If they figure that the chances are good of 2-3 cellphones at the ready to put them on the national news, that's some important training and the best of all...common sense.

[Snotcicles]

22. Aggression screening would be a good start. I think successful prosecutions

and punishment. Will get would-Be's attention.

[tblue37]

38. But until they face real consequences more often, even videos won't stop some cops from

brutalizing people. That cop Melendez who helped beat an innocent black man (last name Dent) *knew* he was on camera, yet still blatantly planted drugs on the man. The other cops who piled on, beating andcTasering Mr. Dent, also knew they were on camera, and just as they expected, nothing has been done to punish them for their assault. If Melendez had not blatantly planted drugs in clear view on video, he probably would also have escaped consequences.

[libdem4life]

40. I still have some faith in the American People...once out of denial and forced to know, it's going

be harder and harder for these guys to get off...at least scott free. It's a Tipping Point brought about by technology.

[SwankyXomb]

27. They have a bottomless purse when they need more weapons

but cry poverty for things like more training, psychological screening, or steroid testing.

[eggplant]

12. "everybody wanted to get in the newspaper story about it..."

(thx, Arlo!)

[1StrongBlackMan]

3. From the summary in the linked article ...

This is a GREAT decision. It will cut the instances of "trolling-stops", that are (generally) racially/ethnically profiling based, from the start.

Good job SC!

[elleng]

6. Right. Very good one.

'Police may typically inspect a driver's license, ask for the registration and proof of insurance and check for outstanding warrants because they all are aimed at ensuring that vehicles are operated safely, Ginsburg said.

"A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said.

Ginsburg also swatted away arguments that the total duration of the stop was reasonable.

The precise amount of time involved is unimportant, she said. "A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said.'

[RobinA]

23. Well, It's a Good

decision. There's an easy way around it by the way I read it. Just have two police in the car. One to write the ticket and one to do the dog sniff at the same time, thus not prolonging the stop. I still find it troublesome that apparently you can do a dog sniff, at least in the 8th Cir., without probable cause.

[1StrongBlackMan]

29. No, that's not what the decision announced ...

in fact, the decision, specifically, kills this approach. The decision indicates:

{From the article, not the Opinion) Police may typically inspect a driver's license, ask for the registration and proof of insurance and check for outstanding warrants because they all are aimed at ensuring that vehicles are operated safely, Ginsburg said.

"A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said.

Ginsburg also swatted away arguments that the total duration of the stop was reasonable.

The precise amount of time involved is unimportant, she said. "A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said.

And she goes on to announce that the Defendant is not off the hook because the police may have had another basis for the stop ... therefore, it could be argued that the Opinion establishes a new criteria for searches, traffic-based inquiries, beyond which the police must establish reasonable cause.

Besides, and more practically, the police cannot afford to have two officers and a sniffer to effect every traffic stop.

[TlalocW]

7. This just in

Police departments around the country change budgets in order to be able to put a drug dog in every police car.

TlalocW

[Buzz Clik]

14. The cops with the dogs can (and do) give the dogs silent prompts to "alert" a vehicle.

You have done nothing, but the cops want to look in your car. Call the dog. The dog "alerts", and you are forced to allow the search because they now have probable cause.

What could possibly go wrong from there, right?

[TlalocW]

17. Yeah, I've seen that

I wonder how enforceable this is because when I've been stopped for speeding or some other minor infraction, it takes about 10 minutes before the cop is done with me. In a lot of cities, that's enough time for another cop like the K9 unit to get there.

TlalocW

[donnasgirl]

20. You mention probable cause

And I am glad you did and here is the example of probable cause, I smell pot do you have any in the car or truck ( No ) but I smell it so you will wait for the drug dog.

[Gothmog]

9. This is great news

[PoliticAverse]

10. Text of the opinion (.pdf)

http://www.supremecourt.gov/opinions/14pdf/13-9972_p8k0.pdf

Scotusblog details on the case: http://www.scotusblog.com/case-files/cases/rodriguez-v-united-states/

[OneCrazyDiamond]

16. Roberts and Scalia too, wow. n/t

[Volaris]

33. Well, sort of...

Roberts is no fool, and sometimes, being (generally) a Libertarian REQUIRES ALSO being a Liberal, wether the crazies like it or not.
As for Scalia, it's Small Government at all costs, and at least some of the time, that shakes out in our favor.
The REAL batshit-level Authoritarian/Corprotist on this bench seems to be Alito, and that motherfucker DOES scare me (he's got at least 20 more years left up there).
I have no Earthly idea what Kennedy was thinking...(on edit--oh there it is, see post 31 lol, and thanks lobodons, for helping clarify my thought process=))

[geek tragedy]

19. Alito confirming his status as the very worst justice, maybe ever nt

[Snotcicles]

26. Does he hate mankind? or just his part in it? nt

[RobinA]

21. Whoa!

Where did this come from? I feel like I'm in a time warp. I have to read this opinion.

Clarence Thomas...well, what is there to say?

[Snotcicles]

24. I say, put a drool pail under that one. nt

[SwankyXomb]

28. At least he's consistent

Justice Sleepy doesn't think Americans should have any rights.

[treestar]

25. And here I thought we lived in a police state

God Damn well I declare!

[lobodons]

30. "Libertarian" Kennedy?

Doesn't this ruling go against Libertarianism? Perhaps why the author included the quotes..??

[Volaris]

34. It's Big-Government Libertarianism, you see..

What it means is, if YOU can legally sell pot, then sure as hell so can Phillip-Morris and Merk, because they are PEOPLE TOO.

[unblock]

31. iirc correctly, the problem was the officer said he was done with the stop but made him wait.

the police can easily get around this by simply killing time in the police car, just "taking a while" to run the license and registration and tags and whatnot.

only when the k9 shows up and starts sniffing do they get back out of the car and tell the driver he's done with the original stop but now the dog's picked up a scent....

[samsingh]

32. surprising voting pattern.

Thomas actually voted differently from scalia? how did he get his head out of Scalia's ass long enough? I've heard people ask this question.

[Trajano]

36. Thomas is more like Alito's siamese twin

He rarely disagrees with Scalia but he and Alito are even more similar.

[former9thward]

41. From the SC stats

Thomas and Alito agree 96% of the time.

Thomas and Scalia agree 95% of the time.

Scalia and Ginsberg agree 81% of the time.

http://www.scotusblog.com/statistics/

[Corey_Baker08]

35. The Makeup Of The SCOTUS Will Be Shaped By The 45th POTUS...

The next President Will have the responsibility of appointing at least 2-4 Justices to become members of the Supreme Court of the United States.

Regardless of your disdain for Hillary Clinton, if for no other reason vote for her in the General Election for the sake of your children, your children's children and all of those down the line that WILL be effected by what party nominates 2-4 SCOTUS Justices.

[Capt. Obvious]

37. Stop trying to distract from Benghazi

[Fred Sanders]

39. Detention by governmental authorities without articulable cause was decided long ago. There is an

assault on settled criminal and privacy law happening. At least a firewall has been established.

[Sunlei]

43. They would walk those dogs along the streets sniffing homes if police could get away with it.

good thing a trained dog costs $20,000 only has a useful work life of about 5 years and need decent handling with plenty of refresher training.

or they just start to indicate on everything.

[Sunlei]

42. watch the SC in action and thomas only talks to alito and copies what he does.

He never speaks to the issue or asks questions to the court, just talks to buddie alito. To many private parties at the koch resorts. he should have never been confirmed.

[Taitertots]

44. Ok when are the officers involved going to face charges

I'm not a lawyer but doesn't this mean that the officers involved in the original case illegally detained the man in question. When are they going to face charges for their crimes?

[happyslug]

45. Here is the actual opinion

http://www.supremecourt.gov/opinions/14pdf/13-9972_p8k0.pdf