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Criminal Law

: Fourth Amendment

M.D.Fla.: Running drug dog during sort of long wait for computer check was valid

By John Wesley Hall, Jr.

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The defendant’s traffic stop was proper, and it took a while for the computer checks to come back. While waiting, a drug dog was run around the vehicle which alerted, and this was not unreasonable. United States v. Williams, 2010 U.S. Dist. LEXIS 1673 (M.D. Fla. January 8, 2010)*: The Court finds that Det. Kirkby and Lt. Hedrick had not received responses from all of their legitimate computer inquiries, and Lt. Hedrick had not completely filled out the written warning notice, until after the drug dog alerted (Doc. # 79, pp. 57-59). Since neither the written warning nor all pending computer record checks had been completed, the Court finds that the legitimate purpose of the traffic stop had not yet been fulfilled at the time the drug dog alerted...continue to full post

Full post as published by Fourth Amendment on January 14, 2010 (boomark / email).

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