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D.S.D.: No reasonable suspicion, but the dog alert came after a speedy stop, so no suppression

By John Wesley Hall, Jr.

The officer had no reasonable suspicion do detain the defendants, and the court discounts all of the [lame] justifications or indicators given by the officer as being meaningless, individually and collectively. However, the stop was justified by speeding, and the court is "regrettably" reluctant to grant suppression of the dog sniff that occurred reasonably promptly. United States v. Sepulveda-Sandoval, 2010 U.S. Dist. LEXIS 75784 (D. S.D. June 24, 2010)*: Regrettably, this is a case where the defendants may not avail themselves of the remedy of suppression as a result of Trooper Oxner's Fourth Amendment violation. The court leaves for another day and a higher court Chief Justice Marshal's observation that every right has a remedy or it is no right at all...continue to full post

Full post as published by Fourth Amendment on July 30, 2010 (boomark / email).