denial of his motion to suppress their both constitutional challenges the first challenge would be in regards to the duration of the traffic stop and the claim that the ration violated m rights the second claim is that the drug utilized in this case because it hits and marijuana is not properly qualified to be able to do the search without it being abolished in the fourth amendment pursuant to illinois which is a united states supreme court case actually out of this county that kind of is the pinnacle he's on this issue in regards to the relation of the traffic stop obviously any factual decision by the on he doesn't know how long it took which i think is a very big problem for the state under the circumstances in which you're trying to justify how one stop was the other says i don't know how long it took i think if you look at the video you can hear him ruffling through papers and is that you can't extend the ration of the stop for these inquiries and i would suggest that this is the first time before this court that we've had a situation where it's a computerized check who weren't from an hour from our state respond you can hold a person for four hours until you make sure if there's a war it when you don't know if there really is a warrant or not a war i would suggest that you know if you believe that the normal world check is part of the norm agreement last it i mean if you watch the video you can easily come to the conclusion that it would take about four minutes based on hearing the old ruffling of the of the papers but i'm not sure if the officer was ever clear about exactly how long he drug interdiction activities then yes it certainly there can be circumstances in which you're tried that there's something suspicious the name is doesn't match the person's name you want to make sure it's stolen not stolen card make that work but you're continue doing whatever the traffic stop to the walls in order to be able to run the dog around the car because quite frankly if he ignored the purpose of the traffic stop and ran the dog around around the car i would have a great battery as argument it would be you delay for the purpose of waited for the other officer to shop and he took his own dog and ran it around the car know and i believe that rodriguez actually does stand for the exact opposite i believe the way i always like to look at it is if you officer doing his normal medically without any result of being worried about being prosecuted quite frankly on the state level or even on the federal level reason i say that is we pass a medical marijuana bill in the state of illinois and  indicated that it was an affirmative i think completely disagree it's now a far from a rast it's an outright are from prosecution that's what the statute says and i believe that's an affirmative defense that's just you can't be prosecuted i write if you have a medical marijuana three and they actually had an injunction come up in regards to nine different i think it was nine different criminal cases that were being and it originally prosecuting the obama administration they were prosecuting grow worse is the equivalent of a prescription medication so these drugs are getting on that you know if they're not trained they say well i believe this would also be very very much in violation of the powerless where they were hitting on things that legally don't justify the means the fact that you didn't find something illegal doesn't fix the fact that the actual underlying search was not in compliance or could pick up something that someone has a legitimate privacy interest differen there is the possibility that people are being searched based upon once again a legal illegals not these so the question i don't think ultimately is right is i don't think the question is as it's not as important does someone have a medical marijuana  have been exposed to legalize marijuana more so than just this this specific state and quite frankly we all know that mr mason would not have you know a lot of medical marijuana card because of the fact that he is not from the state of illinois well the smell lingers for longer than is necessary so ultimately what we're talking about here is in the dog drug a hit on something someone legally is a lot of that mr mason possessed legal marijuana or the person that does the rest of the car before him in nevada smoked it perfectly legally drove through the state of illinois and the drug dog and the police all over the drug dog was around the car the officers testimony was it was certainly possible that that's mismo from before was the thing that caused that and now we've got people being claim with they were that they were using the dog it as a an equal way is what it ultimately came down to although i'm if you read the actual transcript he eat it it's largely in gas about ticket and officers mission clues ordinary employees into the stop that page further defines what you would marry agrees include which are license checks weren't checks insurance checks and registration checks and so facts of this case he also issued a traffic stop he spent approximately three or four minutes attaining the defendant's license in the rental agreement because it couldn't find those items in this vehicle internals nickel and this is where councils characterization the event sort of differs from seems like that would be a practical assumption based on how the statutes are going and the fact this is really a defense not a full out right to have this marijuana it just says look i have an exception the state says i'm ok drops around the corner no he was alerted the window or the passenger area where you know you might have residual marijuana smell and nothing in the exact location where the heroin and the cocaine was found in the rear of the vehicle  going to be illegal but if you take the t c out of it i don't know if the courts have made any kind of distinction about whether or not that's a lawful substance you know that might be something we need to loosen up and i don't really think that's a question your honor seems to have answered yeah i government from prosecute medical marijuana patients and there's a way in numerous states where someone in need to just marijuana so the question becomes any pick up lawful activity and the undeniable response to that is yes this is the way this dog was train