Supreme Court: Police can't keep drivers waiting for K-9 units

1 year 11 months 4 days ago April 23, 2015 Apr 23, 2015 Thursday, April 23 2015 Thursday, April 23, 2015 2:39:00 PM CDT in News
By: Connor Smith, KOMU 8 Reporter
loading

JEFFERSON CITY - Police officers can't hold a suspect without reasonable suspicion after a traffic stop in order to wait for a drug-sniffing dog to show up, the Supreme Court said Tuesday.

The case, Rodriguez v. United States, involves Officer Morgan Struble and his traffic stop of Dennys Rodriguez. Rodriguez was pulled over for veering onto a highway shoulder for one to two seconds shortly after midnight in March 2012. After giving a written warning, Struble kept Rodriguez by the side of the road for seven or eight minutes waiting for the dog to show up and sniff for drugs. The dog found meth, and Rodriguez was indicted and convicted.

Justice Ruth Bader Ginsburg, who wrote for the 6-3 majority, said that holding on to a suspect after a traffic stop is otherwise completed violates the constitutional protection against unreasonable searches and seizures.

Justices Clarence Thomas, Samuel Alito and Anthony Kennedy joined together in the dissent. Because Rodriguez does not dispute that there was probable cause for the traffic stop, the dissenting justices said the only question was whether the stop was executed in a reasonable manner and they believe it was.

Lieutenant Gary Hill, Patrol Division Commander of the Cole County Sheriff Department, said that a good officer is able to recognize early in a traffic stop if a drug dog may be needed.

"At that point in time, if I'm a good officer, I've already called for backup or I've already called for the K9 unit based off of my observations," Hill said.

After observing what is in a suspect's vehicle and how that suspect is acting, Hill says an officer may have reasonable suspicion to detain them longer.

"Reasonable suspicion is what an officer uses to see if a person is involved in any kind of criminal activity," Hill said. "We're looking for a reasonable suspicion that leads us to a probable cause."

Hill said Cole County Sheriff's deputies find a majority of drugs through consent searches in which the person gives the officer permission to search the vehicle. These searches are conducted without a K-9 unit. 

More News

Grid
List
BOONE COUNTY – The I-70 bridge over the Missouri River near Rocheport will be down to one lane until Wednesday... More >>
5 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 10:02:00 PM CDT in Top Stories
KANSAS CITY, Mo. (AP) — A Missouri man who for more than a decade envisioned crisscrossing the United States by... More >>
5 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 9:44:00 PM CDT in News
TROY, Mo. (AP) — A trial is set to get underway near St. Louis over allegations by a young woman... More >>
6 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 9:09:00 PM CDT in News
KANSAS CITY, Mo. (AP) — As Kansas City deals with gray areas in herbal supplements and regulated pharmaceutical medication, the... More >>
6 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 8:53:00 PM CDT in News
KANSAS CITY, Mo. (AP) — A man wounded while trying to intervene in an apparently racially motivated shooting at a... More >>
7 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 8:18:00 PM CDT in News
JEFFERSON CITY, Mo. (AP) — Missouri House members are trying to ban local lobbyists from giving gifts to elected officials,... More >>
7 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 7:42:00 PM CDT in News
JEFFERSON CITY, Mo. (AP) — Missouri House members are advancing a proposal to spend roughly $242 million more than expected... More >>
7 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 7:34:00 PM CDT in News
JEFFERSON CITY, Mo. (AP) — Missouri Republican Gov. Eric Greitens is signing a bill to change the standard for vetting... More >>
7 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 7:26:00 PM CDT in News
COLUMBIA - An expansion joint on the I-70 Rocheport Missouri River Bridge popped up Monday causing multiple flat tires, according... More >>
8 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 6:27:00 PM CDT in News
JEFFERSON CITY - With the second half of the 2017 Missouri legislative session officially underway as of Monday, here is... More >>
9 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 6:10:00 PM CDT in Continuous News
JEFFERSON CITY, Mo. (AP) — Missouri House members are trying to ban local lobbyists from giving gifts to elected officials,... More >>
9 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 5:51:00 PM CDT in News
KANSAS CITY, Mo. (AP) — Authorities said two people have been found dead inside a Kansas City home after a... More >>
9 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 5:40:00 PM CDT in News
GRANT CITY - Ranching can be a rough-and-tumble job. For Missouri farmer Sheila Hunt, it got even harder after she... More >>
9 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 5:37:02 PM CDT in News
GASCONADE COUNTY - Human remains recovered by divers last Wednesday have been identified as James H. Holt Jr. Holt,... More >>
10 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 4:23:00 PM CDT in News
COOPER COUNTY, Mo. - A man was charged Monday with multiple crimes related to three robberies. Dallas Franklin, 21,... More >>
11 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 3:45:00 PM CDT in News
COLUMBIA Updated 4:40 p.m. - Police have charged a second man in connection to last week's fatal shooting on Madison... More >>
12 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 2:59:00 PM CDT in News
COLUMBIA - Some Missouri groups want to reinstate mandatory country-of-origin labeling (COOL) for meat products following a sanitation scandal involving... More >>
13 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 1:26:00 PM CDT in News
KANSAS CITY, Mo . (AP) — Students at a Kansas City-area high school are being evacuated as authorities investigate a... More >>
15 hours ago March 27, 2017 Mar 27, 2017 Monday, March 27 2017 Monday, March 27, 2017 11:43:48 AM CDT in News
Columbia, MO
Broken Clouds 51°
4am 49°
5am 48°
6am 44°
7am 43°

Select a station to view its upcoming schedule:

Coming Up Next

3:00a
Mad Money
4:00a
Early Today
4:30a
KOMU 8 News Today
3:00a
Paid Program
3:30a
Paid Program
4:00a
Paid Program

Tonight's Schedule

7:00p
The Voice
8:01p
Trial & Error
8:30p
Trial & Error
9:00p
Chicago Fire
7:00p
The Flash
8:00p
DC's Legends of Tomorrow
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld