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D.Neb.: Calling in drug dog after defendant revoked consent to search was de minimus extension of the stop

By John Wesley Hall, Jr.

The traffic stop took 20 minutes including the computer check. After that, the officer engaged in conversation unrelated to the purpose of the stop, and this was not unreasonable. Defendant consented to a search of the vehicle, but revoked consent when the officer talked about removing the gas tank. Then a drug dog was called, and the extra time was de minimus. United States v. Torres, 2010 U.S. Dist. LEXIS 41623 (D. Neb. March 10, 2010), adopted 2010 U.S. Dist. LEXIS 41727 (D. Neb. April 28, 2010). Strip search in “public” for cocaine hidden in defendant’s butt crack was reasonable where defendant was not yet under arrest and he consented. The officers opened patrol car doors and other stood around to make cover so others could not see...continue to full post

Full post as published by Fourth Amendment on May 02, 2010 (boomark / email).