Originally Posted By: [LoD
Harry]The dog was with him in his cruiser, and the driver refused to let it sniff the car from outside. The 8 min wait was for his backup to arrive.


You're right. Still doesn't change the legal aspect of it though. The idea is, once the citation is issued, there was no further reason to detain the man any longer, or at least none that officer was able to articulate. He was pulled over because the officer believed he'd violated traffic laws. Once the citation is issued, he is supposed to let the guy go unless he has a reasonable suspicion that the man has committed or is about to commit another crime, ie, smelling pot, smelling liquor on the man's breath, or seeing meth pipes or open alcohol containers in the backseat, etc.

I'm actually kinda surprised the guy won this. That means the cop is either really honest, had no reasonable suspicion and was honest about that fact, or he is bad at writing his reports. Sonya would know better than me but I'd imagine that saying the driver had dialated pupils, was very nervous and fidgety and seemed like he was on stimulants would have been enough to validate reasonable suspicion for the detainment until back up arrived and he was able to use the dog. Reasonable suspicion is a pretty easy standard to satisfy.