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CA6: Officer lacked RS of drug activity, but dog sniff of car still valid

By John Wesley Hall, Jr.

Officer did not have reasonable suspicion defendant was a drug courier on the totality of innocuous facts. We first observe that the Officers did not have reasonable suspicion to hold Bell beyond the time reasonably required to fulfill the purposes of the initial stop for the speeding violation. The government argues that the Officers had reasonable suspicion that Bell was engaged in other criminal activity justifying a longer stop based on seven factors: (1) Bell repeated the same story and sounded rehearsed; (2) Bell moved too quickly for the rental agreement; (3) Bell was holding a cell phone; (4) Bell did not make eye contact with Trooper Roberts; (5) Bell was overly respectful and cooperative; (6) Bell did not have written permission to operate the rental car; and (7) Sergeant Helton observed Bell's exaggerated body movements while in the vehicle...continue to full post

Full post as published by Fourth Amendment on February 19, 2009 (boomark / email).