Please sign in with your WRAL.com account to comment on this story. You also will need a Facebook account to comment.
Rudy Bizzell Jul 13, 6:53 p.m.
part2 Rodriguez, refused. However, the officer nonetheless detained him for “seven or eight minutes” until a backup officer arrived. Then, the original officer retrieved his dog.
After sniffing around the car, the dog detected drugs, and Rodriguez was indicted for possessing methamphetamine. In all, the stop lasted less than 30 minutes.
According to the Supreme Court, though, that search of Rodriguez’s car was illegal, and the evidence gathered in it should not be used at trial. While officers may use a dog to sniff around a car during the course of a routine traffic stop, they cannot extend the length of the stop in order to carry it out.
“[T]he tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s ‘mission’ — to address the traffic violation that warranted the stop,” Ginsburg ruled. “Authority for the seizure thus ends when tasks tied to the traffic infraction are — or reasonably should have been — completed.”
Rudy Bizzell Jul 13, 6:47 p.m.
The Supreme Court ruled 6-3 on Tuesday that the Constitution forbids police from holding a suspect without probable cause, even for fewer than 10 extra minutes.
Writing on behalf of the court, Justice Ruth Bader Ginsburg declared that the constitutional protections against unreasonable search and seizure prevent police from extending an otherwise completed traffic stop to allow for a drug-sniffing dog to arrive.
“We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures,” she ruled.
The case, Rodriguez v. United States, was brought by a man who was pulled over for driving on the shoulder of a Nebraska highway. After the police pulled him over, checked his license and issued a warning for his erratic driving, the officer asked whether he could walk his drug-sniffing dog around the vehicle.
The driver, Dennys Rodriguez, refused. However, the officer non
Rudy Bizzell Jul 13, 6:43 p.m.
I think I know a Billy Baker and he/was a cop. Oh you need to look up a cop that robbed the bank of Micro that acted like it was a surprise he did it but he had been complained his crooked ways but the cop is always right It is perfectly legal to film gov employees in public Its call the First Amendment.
Rudy Bizzell Jul 13, 6:39 p.m.
Dont matter where it is on the road or not you have the right to say no to searches seizures. Corruption in law enforcement is everywhere you all you need to do is read about Lady Trooper of the year with 100s of false dui charges she finally confessed in court she lied. How abut the SBI lab in nc where the agent turned in false reports. The blue line good cops dont turn in bad cops so that makes them bad cops too.
Billy Baker Jul 13, 10:32 a.m.
Actually Rudy the Constitution should be taught every year in school from grade school through college, but ignorance to it is a citizen's own fault for not seeking to understand it. A very microscopic amount of LEOs violate a constitutional right during a stop. The intent here and dare I say I agree with Roy Cooper but I do is to educate kids on safety and how to conduct things in ways that will not invoke a response or elevate a situation. Face it times have changed and the generation today questions more which is fine but there's a time and place and on the road side is not that time or place.
Rudy Bizzell Jul 12, 8:28 p.m.
They should teach the teens in driver's ed about the Constitution and they right to say no to unlawful acts by leos. Basically the fox training the chickens to do whatever they say.
Adrian Pomilio Jul 12, 7:33 p.m.
Adrian Pomilio Jul 12, 7:08 p.m.
House Bill 212 is going to be such a positive impact on our citizens. So glad this was discussed and that our legislatures understood the value to citizens this will provide.
Published: 2007-10-05 09:38:00
Updated: 2015-01-14 14:37:58