Brown

United States v. Brown

Good Law
222 F. App'x 652
United States Court of Appeals for the Ninth CircuitFebruary 27, 2007No. 06-30194California434 words

Opinion

Lead Opinion

MEMORANDUM *

Jeffrey Russell Brown appeals the denial of his motion to suppress evidence found from a search of his car and incriminating statements he made during and after the search. We affirm.

1. The Search.

Under Illinois v. Caballes, the police may perform a dog sniff of the exterior of a car during a traffic stop without any need for suspicion of contraband. 1 What they cannot do without reasonable suspicion is prolong a traffic stop “beyond the time reasonably required” to issue a ticket in order to perform the dog sniff.

Here, the time that elapsed from the beginning of the traffic stop to when the K9 officer alerted to the presence of drugs was only 11 or 12 minutes, not “beyond the time reasonably required” to issue a ticket. The evidence supported the district court’s findings that the police officer was, in good faith, just finishing writing the ticket when the K9 unit arrived, and that the dog sniff was completed within the next minute or two. Defendant’s own conduct contributed to the additional minute or two and the defendant consented to the dog sniff. Moreover, by the time the officer was completing the ticket, reasonable suspicion existed for a Terry…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.