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- Опубликовано: 14 окт 2024
- Roadside Chat: US v. Rodriguez: Traffic Stops and K9s - Can They Be Extended?
In this video, Anthony Bandiero addresses a question: Does Rodriquez allow extending a traffic stop for a K9?
Courts presiding over drug prosecutions have also found reasonable suspicion for a law enforcement officer to prolong a traffic stop to conduct a dog sniff in the following cases:
✔️ United States v. Garcia, 2018 WL 1518845 (D. Me. 2018)
✔️ United States v. Green, 2017 WL 9730254 (W.D. N.Y. 2017)
2018 WL 1136928 (W.D. N.Y. 2018)
✔️ United States v. Green, 897 F.3d 173 (3d Cir. 2018)
✔️ United States v. Langley, 2017 WL 4444208 (M.D. Pa. 2017)
✔️ United States v. Bastardo-Villanueva, 721 Fed
Appx. 412 (5th Cir. 2018)
✔️ United States v. Cotto, 2018 WL 3220392 (E.D. La. 2018)
✔️ U.S. v. Aviles, 2016 WL 8313941 (W.D.La. 2016)
2017 WL 722605 (W.D.La. 2017)
✔️ United States v. Jackson, 2018 WL 4471741 (E.D. Ky. 2018)
✔️ United States v. Lott, 2018 WL 2348684 (E.D. Ky. 2018)
2018 WL 2347072 (E.D. Ky. 2018)
✔️ United States v. Patton, 2018 WL 3370545 (E.D. Mich. 2018)
✔️ U.S. v. Guidry, 817 F.3d 997 (7th Cir. 2016)
✔️ United States v. Romero-Mendez, 2018 WL 2191540 (S.D. Ind. 2018)
✔️ United States v. Van Dam, 2015 WL 7889624 (E.D. Mo. 2015)
2016 WL 67569 (E.D. Mo. 2016)
✔️ United States v. Douglas, 2018 WL 6040272 (D. Neb. 2018)
✔️ United States v. Melchior, 2017 WL 9478421 (D. Neb. 2017)
2017 WL 496060 (D. Neb. 2017).
✔️ United States v. Bailey, 2017 WL 3700881 (D. Neb. 2017)
✔️ United States v. Nabavi, 2017 WL 1207877 (D. Neb. 2017)
2017 WL 1207481 (D. Neb. 2017)
✔️ United States v. Garcia, 2017 WL 347445 (D. Neb. 2017)
✔️ U.S. v. Hernandez, 2015 WL 4429396 (D. Neb. 2015)
✔️ U.S. v. Trejo, 135 F. Supp. 3d 1023 (D.S.D. 2015)
✔️ United States v. Johnson, 2015 WL 9917225 (D. Mont. 2015)
2016 WL 323556 (D. Mont. 2016)
✔️ United States v. Krumwiede, 2018 WL 6411359 (D. Or. 2018)
✔️ United States v. Smith, 2016 WL 4761315 (D. Utah 2016)
✔️ United States v. Diaz, 2015 WL 6745803 (M.D. Fla. 2015)
2015 WL 6705398 (M.D. Fla. 2015)
✔️ United States v. Broadnax, 2016 WL 852739 (S.D. Ga. 2016)
691 Fed. Appx. 604 (11th Cir. 2017)
Watch this video to learn about the legal and ethical considerations that come into play in such situations, including whether you need to wait for a cool-down period and what your obligations are as an officer.
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So it sums up to: They need reasonable suspicion, unrelated to the traffic infraction, for it to be legal to extend the traffic stop to wait for the k9. However, the officer can lie about that reasonable suspicion. The only way around this I think, is after you hand them your license and registration, tell them you invoke the 5th, and say you do not consent to any searches or seizures, and don't say a word after that at all. That way they can't interrogate you for RS while the dog is on its way, and they had no reason to call the dog based off the infraction. Now if they call the dog anyways, it'll be a longer time and it should be in your favor. You may still get detained in handcuffs or not and thrown in the car. Maybe even arrested.
A Constitutional Republic requires an educated constituency📜
Thank you for sharing this, for the sake of all our progeny ~
Very important topic, thanks
Most welcome!
If you like this video, don’t forget to like and subscribe to our channel for more legal updates!
It absolutely does not matter what states have said after Rodriguez. The Supreme Court is the supreme law of the land you don't get around them just because you're a state and you want to. One thing you failed to mention in your totally awful and shady tirade is it Rodriguez was over a 92 extension of a traffic stop. No wonder cops are so uneducated on the law. The copshop lawyers training them absolutely do not know the law. Rodriguez was extremely clear. You can't extend the stop waiting for a dog and you can't continue to detain them or delay them longer than it takes to write the citation for why you stopped them. You can't even extend the stop to get the passengers IDs.
Confidently wrong, but 100+ comments all of them cop hating is about all I need to know lol.
He leads with pretextual stop. That in and of itself is borderline illegal. Thats having suspicion prior to the stop. The stop then becomes a fishing expedition
I think the pretext has to be real, and a real violation of law. This is why the flavor of the day for pretext stops is license plate illumination. The police just have to say "they" couldn't see it at 50' feet even if the lights are in running order. It is a subjective standard. Lots of videos out there showing operating tag lights. But that being said, it doesn't give them carte blanche to search your vehicle absent other substantial probable cause.
SCOTUS: Whren v US (1996). Pre-text stops are 100% legal so long as the officer has “reasonable cause” that the traffic violation occurred.
Pre-text stops are 100% legal per 4A. I believe some jurisdictions restrict them now though
Who's the clown who thinks pretextual stops are illegal 😂
Reasonable suspicion of a specific crime or any crime ?
Does it rise to the level of a terry stop ? Doesn’t it have to if you are being detained ?
Or is it just because , for instance, you have a marijuana conviction in your past or you don’t answer questions and that is suspicious so they can detain you ? If that’s the case then police can say almost anything is reasonable. He’s nervous, he’s sweating, he’s taking to much, he’s not taking enough and so on.
Fortunately, we have A LOT of case law answering these questions ever since Rodriguez was decided.
Im gonna post what i think Rodriguez means. Before watching this video, let me see how close i am.
Police offices can call a k9 as long as they are continuing with the purpose of the initial traffic stop reason. If the k9 arrives before the ticket or warning is written, a free air sniff can be done. If the ticket/warning is written before the k9 arrives, the officer can not hold the detainee until the k9 arrives. The only way an officer can extend the stop is if they have reasonable articulable suspicion of a separate crime. If the k9 arrives the officer still has to continue with the ticket and cant "assist" in the free air sniff.
Thanks for directing us how to skirt the law to lengthen the stops of innocent people who don't desearve rights like liberty and the pursuit of happiness.
One could think BTG hearted the above comment because he didn't read it. Based on his prior videos, I think the heart is because he is proud to show cops how skirt the law and Constitutional rights to disenfranchise and have power over people for no reason other than his ego.
Anthony is the man!
That reasonable suspicion is circumstantial at best and being the defendant is the highest ranking officer in the court and to attorn means to surrender your authority (who will grant jurisdiction even without). No injured party and thus the defendant would be prosecuting themselves... and this is why so many attys fail. They KNOW the score BUT their 1st loyalty is to the court, creating a triad... i welcome all comers to prove me wrong.
You wrong,hear the judges in Rodiguez vs US
I love it
Thanks!
What if the driver refuses to divulge their travel plans. Does not answering the question constitute reasonable suspicion. Or the person is just being difficult and not answering any questions because you know, Constitution.
No
The citizens of this country want to get home at the end of the day too.
yup....ruclips.net/p/PLjgcFv2e36W_GovQGZ9PE7hvpvOdgxhpf&si=mGnVm9X--wW0LoNn
Can an officer or officers use deadly force and make everybody get out the car at gun point for alter license plate frame a moving traffic violation without proper investigation like first asked for license information and of person and insurance of car and why is there an alter license plate frame
They can order out of the car immediately.
This guy needs to learn the difference between legal and lawful. What these private employees (police) of a forprofit corporation are doing is applying the federal commercial transportation code to private people. Read the code, learn the definitions, change your way of thinking slave.
So what's to stop cops from doing what they always do when they don't have RAS of criminal activity? (i.e. "I smell weed...that lint on the carpet must be shake...you're acting nervous there must be drugs, etc)
Are you really saying it's ok to use a pretext to play a hunch, or more likely racially profile?
Fishing expeditions is one reason why people don't respect LEOs.
What law was broken? No law was broken? I am free to go.. The late Great Supreme court Justice Ruth Gainsbourg 7 to 9 mins long than 10mins. Look it up
they need reasonable suspicion, thats enough to have you wait for the dog. Read my comment above