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IL: Directing driver to roll up windows and turn blower on high was not a "search"; a case of first impression [coming out wrong]

By John Wesley Hall, Jr.

In a case of first impression, directing the driver of a vehicle to “perform[ ] a set-up procedure” of rolling up the vehicle’s windows and turning the blower on high for a dog sniff was not any different than “prepping” a suitcase by squeezing the air out of it first. (Over a vigorous dissent.) People v. Bartelt, 2011 Ill. LEXIS 456 (March 24, 2011) (4-3): After a lawful traffic stop, a police officer performed a set-up procedure, which entailed ordering the driver, defendant, Cheryl L. Bartelt, to roll up her truck’s windows and turn the ventilation system’s blowers on high before a second officer conducted a canine sniff of the exterior of her truck The dog alerted on both doors of the truck, and a subsequent search of the truck resulted in discovery of drug evidence...continue to full post

Full post as published by Fourth Amendment on March 28, 2011 (boomark / email).