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SD: Extending stop for one minute for drug dog was not unreasonable

By John Wesley Hall, Jr.

Defendant’s truck and fifth wheel camper were stopped for a missing front license plate required in the state the truck was from. After the paperwork was completed, the officer told the defendant that he was not free to leave until the drug dog completed his work, and the dog arrived just as he said that. The stop was not extended more than a minute or so by sniff, and that was not unreasonable. State v. Overbey, 2010 SD 78, 2010 S.D. LEXIS 118 (October 6, 2010)*: [*P24] Defendant's final argument is that the detention exceeded the scope of the stop because it went beyond the time required to conduct a computer check, verify documents, examine vehicle equipment, and issue a citation. Without indicating what Officer Langenfeld should or should not have done during the stop, it is difficult to ascertain the essence of Defendant's argument...continue to full post

Full post as published by Fourth Amendment on October 13, 2010 (boomark / email).