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AZ: Detention when free to go after refusal of consent unreasonable

By John Wesley Hall, Jr.

The Lt. Columbo Gambit fails here, and the defendant refused to consent. The stop was over, and he was walking back to his car when the officer called out to him. After he refused consent, and started to walk back to his car, the officer grabbed his arm and detained him, and the officer called for a drug dog. The continuation of the stop was without reasonable suspicion. State v. Sweeney, 2010 Ariz. App. LEXIS 42 (March 30, 2010)*: P14 In $404,905.00, the Eighth Circuit held that the Fourth Amendment was not violated when an officer conducted a dog sniff of the defendant's vehicle after the traffic stop was completed but before the defendant's license had been returned to him. 182 F.3d at 648-49. There, the driver did not object to a sniff of his car's exterior...continue to full post

Full post as published by Fourth Amendment on April 01, 2010 (boomark / email).