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Criminal Law

: Fourth Amendment

D.N.D.: 59 minute wait for drug dog not unreasonable

By John Wesley Hall, Jr.

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59 minute wait for a drug dog after an accident on a rural highway did not make the continuation of the stop unreasonable. United States v. Porras-Palma, 2010 U.S. Dist. LEXIS 59293 (D. N.D. May 24, 2010).* Where the stop for suspicion of drug sales was valid, the immediate use of a drug dog was not unreasonable. State v. Johnson, 2010 Ark. 294, 2010 Ark. LEXIS 336 (June 17, 2010).* Seizure “incident to arrest” in the forfeiture statute means around the time of the arrest, not a standard SI. Mycka v. 2003 GMC Envoy, 2010 Minn. App. LEXIS 89 (June 15, 2010).*

Full post as published by Fourth Amendment on June 19, 2010 (boomark / email).

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