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MO: Stalling traffic stop for drug dog was unreasonable

By John Wesley Hall, Jr.

Stalling the traffic stop to get the drug dog there made the stop unreasonable. State v. Stover, 2010 Mo. App. LEXIS 1683 (December 14, 2010): Officer Hagerty, however, did not promptly pursue his suspicions by asking for permission to search at that time, nor did he promptly summon the drug dog. Instead, Officer Hagerty continued efforts to interrogate Stover and the passenger as though he and the travelers had nothing better to do than to discuss many things unrelated to the traffic stop. A DNA match is probable cause to arrest. Myles v. State, 2010 Fla. App. LEXIS 19105 (Fla. App. 3d DCA December 15, 2010).* Defendant did not really challenge the officer’s testimony that she crossed the fog line three times. She said she was eating a hamburger and didn’t notice...continue to full post

Full post as published by Fourth Amendment on December 22, 2010 (boomark / email).