In this case, a couple was pulled over on the Interstate where the State trooper activated his dash camera. The officer decided to write a warning, and questioned them separately about, among other things, their destination. He delayed writing the traffic citations and called for a narcotics detection dog.
The dog didn’t alert, and questioning continued, leading to a consent to a search. This led to the discovery of methamphetamine and a large amount of cash.
The trial court found that the Officer illegally prolonged the stop which it found vitiated the consent. The appellate court affirmed the trial court’s findings of fact and conclusions of law.
The case is United States v. Mario Rodriguez-Escalera; 17-2334