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Claim stated for detention for dog sniff after refusal to consent

By John Wesley Hall, Jr.

Plaintiff stated a claim that he was detained and subjected to a dog sniff when he refused to consent to a vehicle search. Conwill v. Sheriff of Lowndes County, 2008 U.S. Dist. LEXIS 75851 (N.D. Miss. September 29, 2008): Moreover, it seems that the decision to detain Plaintiffs and to call the canine unit was based on Jeff Conwill's refusal to consent to a search of the vehicle. Jeff Conwill testified that Deputy Bell threatened to retrieve a drug dog if Conwill did not allow him to search the vehicle. The police cannot base their decision to prolong a traffic stop on the detainee's refusal to consent to a search. United States v. Williams, 271 F.3d 1262, 1271 (10th Cir. 2001) (holding that the officer could choose to detain plaintiff after he refused to consent to a search of his car "if the officer already had sufficient reasonable suspicion to detain [the plaintiffs] for the purpose of the canine drug search...continue to full post

Full post as published by Fourth Amendment on October 02, 2008 (boomark / email).