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Unreasonably Prolonged Traffic Stop Masks Other Problems With Dog
People v. Paddy, 20172017 IL App (2d) 160395 (October). Episode 417 (Duration 14:30)
Drug interdiction patrol officer unreasonably prolonged this traffic stop for a drug dog sniff.
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The Stop
After stopping the Impala for following too closely, Sergeant Hain approached the open front passenger-side window.
Johnson was in the driver’s seat, Cook was in the front passenger seat, and Paddy was seated in the rear behind Johnson.
According to Sergeant Hain, Cook’s face was pale, he was trembling, and he would look only at Johnson.
Paddy was very rigid, he was pressed against the backseat, and he stared out the driver’s-side rear window.
Sergeant Hain considered Cook and Paddy to be nervous.
The female driver is asked to exit and sit in the officer’s front seat in the squad car.
The Warning
After entering his squad car, Sergeant Hain began preparing a written warning for following too closely.
He also conducted a computer-records check, from which he learned that the Impala was registered in Minnesota.
As Sergeant Hain was talking with Johnson, he requested that Detective Ryan Monaghan, a K-9 handler, back him up. Although Sergeant Hain had completed the written warning, he left it on the clipboard. He then told Johnson to wait in the squad car while he spoke to Cook about an insurance card. He exited the squad car and walked back to the front passenger window.
The Insurance Card + Weed
Sergeant Hain asked Cook to look for an insurance card.
According to Sergeant Hain, as he stood at the passenger window the second time, he saw green flakes on Cook’s face, chest, and pants. Based on Sergeant Hain’s police training and experience, he decided that the flakes appeared to be cannabis.
The Drug Dog Sniff
During the K-9 sniff, the dog, which was trained to passively alert to the odor of drugs by sitting down, never did so.
Instead, the dog was very excited and attempted to jump through the window of the Impala.
Detective Monaghan had to repeatedly command the dog to smell for drugs, as the dog was distracted by Paddy’s return. According to Detective Monaghan, the dog was trained to protect and previously there had been i...
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By Police NuggetsPeople v. Paddy, 20172017 IL App (2d) 160395 (October). Episode 417 (Duration 14:30)
Drug interdiction patrol officer unreasonably prolonged this traffic stop for a drug dog sniff.
Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download
APPLE PODCASTS GOOGLE PODCASTS
SPOTIFY ANDROID RSS
DIRECT DOWNLOAD
The Stop
After stopping the Impala for following too closely, Sergeant Hain approached the open front passenger-side window.
Johnson was in the driver’s seat, Cook was in the front passenger seat, and Paddy was seated in the rear behind Johnson.
According to Sergeant Hain, Cook’s face was pale, he was trembling, and he would look only at Johnson.
Paddy was very rigid, he was pressed against the backseat, and he stared out the driver’s-side rear window.
Sergeant Hain considered Cook and Paddy to be nervous.
The female driver is asked to exit and sit in the officer’s front seat in the squad car.
The Warning
After entering his squad car, Sergeant Hain began preparing a written warning for following too closely.
He also conducted a computer-records check, from which he learned that the Impala was registered in Minnesota.
As Sergeant Hain was talking with Johnson, he requested that Detective Ryan Monaghan, a K-9 handler, back him up. Although Sergeant Hain had completed the written warning, he left it on the clipboard. He then told Johnson to wait in the squad car while he spoke to Cook about an insurance card. He exited the squad car and walked back to the front passenger window.
The Insurance Card + Weed
Sergeant Hain asked Cook to look for an insurance card.
According to Sergeant Hain, as he stood at the passenger window the second time, he saw green flakes on Cook’s face, chest, and pants. Based on Sergeant Hain’s police training and experience, he decided that the flakes appeared to be cannabis.
The Drug Dog Sniff
During the K-9 sniff, the dog, which was trained to passively alert to the odor of drugs by sitting down, never did so.
Instead, the dog was very excited and attempted to jump through the window of the Impala.
Detective Monaghan had to repeatedly command the dog to smell for drugs, as the dog was distracted by Paddy’s return. According to Detective Monaghan, the dog was trained to protect and previously there had been i...