Federal Court: The Police Can Stop and Search You for Behaving Innocently

[X_Digger]

45. Detaining a motorist to wait for a dog is a search, absent specific RS.

See Illinois v Caballes. If it had been a k-9 unit that pulled the motorist over, or the k-9 unit showed up during the stop, we wouldn't be having this discussion. Read the text here-

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=03-923

A seizure that is justified solely by the interest in issuing a warning ticket to the driver can become unlawful if it is prolonged beyond the time reasonably required to complete that mission. In an earlier case involving a dog sniff that occurred during an unreasonably prolonged traffic stop, the Illinois Supreme Court held that use of the dog and the subsequent discovery of contraband were the product of an unconstitutional seizure. People v. Cox, 202 Ill. 2d 462, 782 N. E. 2d 275 (2002). We may assume that a similar result would be warranted in this case if the dog sniff had been conducted while respondent was being unlawfully detained.

Lawful detention would be with reasonable suspicion.

during the course of a routine traffic stop

Except, the CBP agent wasn't writing a speeding ticket, was he?

Additionally, as is the case here, an officer may briefly extend the duration of a routine traffic stop to await the arrival of a K9 even after the routine stop would normally have been over, with the presence of reasonable suspicion.

What RS was articulated by the officer?

Acne + nervous driver + tinted windows + two cell phones.

And you've circled right back to the original question.

Are you cool with acne + nervous driver + tinted windows + two cell phones being grounds for a search?