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Home / Courts / Criminal Practice – Search & Seizure – Traffic Stop – Seatbelt Violation – Further Detention – Drug Dog (access required)

Criminal Practice – Search & Seizure – Traffic Stop – Seatbelt Violation – Further Detention – Drug Dog (access required)

State v. Fisher Defendant’s seatbelt violation justified a traffic stop. A further 20- to 25-minute detention – awaiting a canine unit -- was justified by defendant’s nervousness, inconsistency with regard to his travel plans, driving a car not registered to him, and the strong smell of air freshener, in addition to otherwise “innocent” behavior such as defendant’s driving in the flow of traffic, a hand print on the otherwise dirty trunk, and a fast food bag (indicating defendant did not want to leave the car unattended). The arresting officer was further justified in continuing the detention when he learned that defendant had pending drug charges in another county.

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