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IL: RS justified some detention, but after consent refused, 25 minute delay for drug dog was unreasonable

By John Wesley Hall, Jr.

The officer had reasonable suspicion to get defendant out of her car and talk to her because of an obstructed windshield. She fumbled for her DL and was nervous. The officer fished around for consent for 13 minutes and didn’t get it. Only then did she call for the drug dog, and it didn’t arrive for 25 minutes. That delay made the stop unreasonable. People v. McQuown, 2011 Ill. App. LEXIS 96 (February 16, 2011).* Defendant was stopped in a high crime area after an apparent drug deal happened in the vehicle. The officer saw cocaine in the vehicle, so the car was validly searched under the automobile exception or a protective sweep. State v. Popp, 2011 Ohio 791, 2011 Ohio App. LEXIS 675 (12th Dist. February 22, 2011).* Officers observed an apparent drug deal from a car, and approached, and the defendant tossed a baggy away, which was thus abandoned...continue to full post

Full post as published by Fourth Amendment on February 26, 2011 (boomark / email).