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Two minute delay for drug dog to appear was not unreasonable

By John Wesley Hall, Jr.

Drug dog took two minutes to appear, and it was within the time needed to ask bacis questions and run the driver's license through NCIC and the state computer. Therefore, the stop was not too long for Terry. Ellis v. Commonwealth, 2008 Va. App. LEXIS 313 (July 1, 2008).* Failure to raise search claim in trial court and on appeal is a res judicata bar. State v. Dudas, 2008 Ohio 3260, 2008 Ohio App. LEXIS 2798 (11th Dist. June 27, 2008);* State v. Dudas, 2008 Ohio 3261, 2008 Ohio App. LEXIS 2799 (11th Dist. June 27, 2008).* His post-conviction claim alleging IAC was properly denied without a hearing. State v. Dudas, 2008 Ohio 3262, 2008 Ohio App. LEXIS 2808 (11th Dist. June 27, 2008).* Defendant's stop for speeding resulted in overservations that defendant was likely under the influence, so there was a factual basis for requiring a field sobriety test...continue to full post

Full post as published by Fourth Amendment on July 07, 2008 (boomark / email).