LAW 605 Lecture Notes - Lecture 27: Terry Stop, Unconfirmed Reports, Splenda
23 Dec 2019
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Case #1: police pull d over for speeding. Give d ticket, ask d"s permission to walk drug dog around outside of car. D said no, police do it anyway and dog alerts for drugs. D arrested: police argument: we seized d (traffic stop), and once seized, did a drug sniff, which police are allowed to do. Didn"t do a terry pat down; weren"t looking for weapons: d"s argument: drugs should be out bc product of illegal seizure. Stop was proper for speeding, but held longer than was necessary to give ticket for speeding and once held longer than necessary for original proper seizure, it became an illegal detention. If illegal detention, then running dog around car (which normally police can do) was wrong bc can"t detain d to do that: result: illegal search, once traffic violation for speeding is over, can"t detain d anymore.
