Dale Dewayne Fisher v. State, 06-14-00223-CR

On December 30, 2013, Deputy Thompson stopped Fisher in Upshur County for a defective license plate light, choosing a dark area to pull over.
Appellant could not immediately produce a valid license; his passenger provided ID, and both were checked via TLETS with no active warrants found.
Appellant appeared to sweat heavily in cold weather, which deputy found suspicious, and Deputy Thompson noted an odor of marijuana during the encounter.
After initial contact, the deputy continued questioning and requested a search; the officers conducted a free-air search with a narcotics dog.
The drug dog alerted, resulting in narcotics being found in the vehicle, and the stop extended beyond the initial traffic violation.
The trial court denied the motion to suppress, and the State argued the detention was supported by reasonable suspicion and permissible under stop-and-frisk doctrine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the denial of Fisher’s suppression motion was correct	Fisher contends no reasonable suspicion to extend the stop	State argues totality of circumstances gave reasonable suspicion	Denial upheld; reasonable suspicion supported prolongation

Rodriguez v. U.S., 575 U.S. _ (2015) (canine search during a lawful stop; prolonged detention requires suspicion)
Love v. State, 252 S.W.3d 684 (Tex. App.—Texarkana, 2008) (de novo review of law; credibility of facts remains with trial court)
Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (reasonable suspicion required to prolong detention; totality of circumstances standard)
Kothe v. State, 152 S.W.3d 54 (Tex. Crim. App. 2004) (detailing stop authority and permissible investigations during traffic stop)
Ivie v. State, 407 S.W.3d 305 (Tex. App.—Eastland, 2013) (canine sniffs during lawful traffic stops)
Gonzalez v. State, 195 S.W.3d 114 (Tex. Crim. App. 2006) (standard for evaluating reasonable suspicion and stop legality)