Important 4th amendment seizure case decided by U.S. Supreme Court on April 21, 2015 in Rodriguez v. U.S. Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures. The Court held that the police cannot extend the length of a Terry stop traffic detention for any additional period of time to conduct a drug dog sniff if there is no independent reasonable suspicion of the presence of drugs, even if the additional detention is a mere 7 or 8 minutes.
If the police stop you for a traffic violation, the detention can last no longer than necessary to deal with the traffic violation. If the detention is extended beyond that time to conduct a drug dog sniff, that detention violates the 4th amendment’s proscription against unreasonable seizures unless there is additional reasonable suspicion to warrant the continued detention. Authority for the seizure ends when tasks tied to the traffic infraction are—or reasonably should have been — completed.
Beyond determining whether to issue a traffic ticket, an officer’s mission during a traffic stop typically includes checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance. On-scene investigation into other crimes, in contrast, detours from the officer’s traffic-control mission.
The critical question is not whether the dog sniff occurs before or after the officer issues a ticket. Rather, the critical question is whether conducting the sniff adds time to the stop.
Contact Adam Pollack, Iowa City and Cedar Rapids defense attorney for any further questions.
