Page 149 - North Carolina 2020 Legal Guide

Task: Canine Sniff of Vehicle

Rodriguez v. United States, 135 S.Ct. 1609 (2015)

• Any action, which measurably prolongs a stop beyond the law

enforcement mission that justified the stop to begin with will

invalidate the additional enforcement action.

• Prolonging a stop beyond the initial law enforcement mission

requires reasonable suspicion to support the continuation of the

stop.

• Where motorist denies consent to walk canine around car after

motor vehicle violation was issued officer could not hold vehicle to

await backup so that canine sniff could be conducted.

©2020 Jack Ryan Legal & Liability Risk Management Institute 148