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IL: Direction to driver to roll up windows and turn on fan to facilitate a dog sniff was no unreasonable

By John Wesley Hall, Jr.

During a traffic stop with a drug dog in tow, the officer directed the defendant to close the windows and turn on the air blower to facilitate the dog sniff. This was not unreasonable. People v. Bartelt, 2008 Ill. App. LEXIS 928 (September 4, 2008): The set-up procedure is quick and nonintrusive; thus, it does not impermissibly lengthen the duration of the stop. It also ensures the canine remains outside the vehicle during the sniff, as both the doors and windows are closed. This is a practical technique that balances a defendant's reasonable expectation of privacy with the opportunity to allow law enforcement to ferret out crime. No fourth-amendment violation occurs when an officer lawfully investigating a traffic violation orders the occupant to roll up the windows and turn on the blowers to facilitate a dog sniff...continue to full post

Full post as published by Fourth Amendment on September 24, 2008 (boomark / email).