When stopped by police it is seldom a good idea to agree to a search of your car, your purse, yourself, your house, or anything else. Today’s decision by the U.S. Supreme court in Rodriguez v. United States underlines this truth:
A cop pulled over the defendant Rodriguez for a minor traffic violation. He checked Rodriguez’ license and registration, then issued Rodriguez a warning ticket. After concluding the reason for the stop, he asked Rodriguez for permission to walk his drug-sniffing dog around the car. Rodriguez refused, so the cop made him wait 7-8 minutes until a backup officer arrived. A drug dog then sniffed the car and drugs were found. Rodriguez was convicted.
The Supreme Court threw out the conviction, noting that an officer’s job during traffic stops typically includes only those issues involved in the safe operation of a motor vehicle: checking for a valid operator’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance. The court held a dog sniff is not part of an officer’s “traffic mission.”
Unless the officer has a reasonable and fact-based suspicion that further criminal activity is afoot, he may not prolong the stop beyond that time necessary to complete the traffic investigation. In Rodriguez’ case, the legal traffic stop ended the moment Rodriguez was handed his warning ticket.
The court also made it clear that it did not matter whether the dog sniff occurred in the middle of the stop or at the end. A valid stop ends and the illegal detention begins either:
- as soon as the investigation concludes; or
- as soon as it ought to have been concluded, which ever comes first.
The cop cannot extend the length of the detention–whether during or after the stop–unless he has additional evidence of a crime. Even if the delay is very brief, any continued detention is considered illegal.