Originally posted by PtlCop
View Post
As for the case law pertaining to the extended duration of the stop due to K9 being lost I can not find it. I recently went to a Search and Seizure Seminar and recall I believe it was our ASA stating a recent case (like within a few weeks) where the stop was over however the K9 got lost on his way to the stop.
It's my understanding that you need to be preppered to defend this action and your account better match up to the K9's account as to him getting lost.
They (the courts) have said that the scan needs to be done prior to the stop being over and you can not legally extend the stop for this. My stops range from anywhere from 15-40 minutes depending...so I dont think you could call my bluff using averages as there really isnt an average traffic stop.
I would not use the case I'm thinking of to say it's okay to prolong the stop. However if the dog gets lost or something of that sort it MIGHT prevent the case from being tossed. At the end of the day the court isnt likely to buy into this arguement on a regular basis.
And obviously when stuff does get to court it's up in the air. We have a judge who has openly stated (in open court) that she does not believe in consent searches and tosses everyone out.
Leave a comment: