The dog sniffed the exterior of the truck and alerted to the presence of drugs. A search of the truck led to the discovery of rock cocaine. The Court of Appeals said this evidence should be suppressed because, although the initial stop was proper, the officer lacked the requisite reasonable suspicion to detain the truck for the dog sniff. While the law permits a vehicle search incident to a custodial arrest, it does not permit such a search incident to a traffic violation. The reasonable suspicion requirement is satisfied where the facts known to the officer, together with the reasonable inferences arising from such facts, would cause an ordinarily prudent person to believe that criminal activity has occurred or is about to occur.
Reasonable suspicion requires something more than a vague or unparticularized suspicion or hunch.
In this case, the officer's safety concerns were alleviated before he retrieved his canine. The officer's hunch based only on a vague and general characterization of demeanor did not rise to the level of reasonable suspicion. This is a publication of the Clark County Prosecuting Attorney, covering various topics of interest to law enforcement officers. It is directed solely toward issues of evidence, criminal law and procedure. Please consult your city, town, or county attorney for legal advice relating to civil liability.