Dist. Ct. did not err in denying defendant’s motion to suppress seizure of drugs, drug paraphernalia and firearms from his vehicle pursuant to dog sniff, even though defendant claimed that arresting officer prolonged his otherwise legal traffic stop for driving on suspended license in order to conduct dog sniff. Record showed that arresting officer already had K-9 dog with him at time of stop. Also, arresting officer already had probable cause to arrest defendant at time of dog sniff. Moreover, by time dog was brought out to conduct sniff, defendant was going nowhere, and thus, defendant’s stop was not prolonged by dog sniff, but rather by officer’s discovery that he would have to impound defendant’s vehicle and not allow him to drive away in his vehicle after stop.
Federal 7th Circuit Court
Criminal Court
Search and Seizure