910 N.W.2d 204
S.D.2018Background
- Trooper Olson stopped Bree Barry for speeding on I‑90; Barry was driving a Colorado‑registered rental SUV and said she had flown from Denver to visit family.
- During the stop Olson noted nervousness, learned Barry was a recovering heroin addict with prior drug‑related involvement and that the rental was booked in a third party’s name.
- Within about six minutes Olson was still running Barry’s information and asked questions about drugs; Barry admitted she had used marijuana in Colorado two days earlier.
- Olson detected a faint odor of marijuana from Barry’s clothing, radioed for a canine unit, and detained Barry while waiting for the dog.
- A dog conducted an exterior sniff, alerted to the vehicle, and a subsequent search revealed marijuana in a locked suitcase; Barry was arrested.
- The circuit court suppressed the evidence, concluding the stop was unlawfully prolonged; the State appealed and the Supreme Court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer unlawfully prolonged a traffic stop by detaining Barry to investigate suspected drug activity | Olson had reasonable suspicion—indicia (travel from Colorado, rental by third party, nervousness, prior drug history) justified extension | Rodriguez controls: detention beyond mission for a dog sniff is unlawful absent new reasonable suspicion; the court below found extension unlawful | The Court held Olson had reasonable suspicion from the totality of circumstances to extend the stop and wait for the dog, so the stop was not unlawfully prolonged |
Key Cases Cited
- State v. Littlebrave, 776 N.W.2d 85 (S.D. 2009) (suspicious travel, rental car, inconsistent stories, and nervousness can support brief drug inquiry)
- Rodriguez v. United States, 135 S. Ct. 1609 (U.S. 2015) (traffic stop may not be prolonged beyond mission without reasonable suspicion)
- State v. Kenyon, 651 N.W.2d 269 (S.D. 2002) (standard for reviewing seizure duration and reasonable suspicion)
- United States v. Riley, 684 F.3d 758 (8th Cir. 2012) (nervousness, itinerary inconsistencies, and prior drug convictions can justify delay for a drug dog)
- United States v. Walton, 827 F.3d 682 (7th Cir. 2016) (similar indicia upheld prolongation past ticket issuance for dog sniff)