If a police officer stops you for a minor traffic violation, how long should the officer be permitted to detain you? Suppose the officer issues you a ticket or a warning for the minor traffic violation and then says he wants you to wait while he has a drug dog sniff your car? What do you say? If you say no, can the officer do it anyway?
These are the questions answered by the United States Supreme Court in the recent case of Rodriguez v. United States. Rodriguez was driving on a Nebraska road when he was stopped by Officer Struble for drifting onto the shoulder of the road for a couple seconds. Officer Struble checked the driver’s license of Rodriguez, then checked the driver’s license of his passenger, then issued a warning for the minor traffic offense. After issuing the warning, Officer Struble asked Rodriguez for permission to walk the police dog around the vehicle. Rodriguez declined.
Officer Struble further detained Rodriguez until a backup officer arrived. Struble then walked his K-9 around the vehicle of Rodriquez, and the dog alerted the presence of drugs in the vehicle. This occurred approximately seven or eight minutes after the officer issued the warning for the traffic violation. The officers searched the vehicle and found methamphetamine. Rodriguez’ motion to suppress that evidence was overruled by the trial court, and the trial court’s decision was upheld by the Eighth Circuit Court of Appeals. Rodriguez appealed to the United States Supreme Court.