State v. Fontaine, 2013 Ohio 5257

Fontaine was stopped for speeding on Pearl Road in Strongsville at 2:27 a.m.
Officer Haslar noticed unusual body language and heavy breathing from Fontaine during the stop.
LEADS check and computer tasks were completed; a canine unit arrived for a sniff.
Fontaine was removed from the vehicle and placed in the patrol car for the canine sniff.
The canine alerted to the passenger side; a handgun and marijuana were found in the glove box.
The trial court granted suppression; the state appealed arguing the stop was not unreasonably prolonged.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the canine sniff conducted within the lawful scope of the traffic stop?	Fontaine; state argues stop remained for ticketing and routine checks	Fontaine; prolonged detention for sniff exceeded the stop’s purpose	No; detention was unreasonably prolonged

State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard for reviewing suppression motions; mixed law and fact; credibility of witnesses)
State v. Batchili, 113 Ohio St.3d 403 (Ohio 2007) (detention may extend to issue ticket; totality of circumstances)
State v. Keathley, 55 Ohio App.3d 130 (Ohio App. 2d Dist. 1988) (time to issue warnings and run checks considered reasonable detention)
Illinois v. Caballes, 543 U.S. 405 (U.S. 2005) (a canine sniff does not violate privacy when it does not extend the stop)
Whren v. United States, 517 U.S. 806 (U.S. 1996) (detention allowed if based on objective aim of stop)
Arizona v. Johnson, 555 U.S. 323 (U.S. 2009) (officer may order driver out of vehicle for safety during a lawful stop)
United States v. Bell, 555 F.3d 535 (6th Cir. 2009) (asks when stop becomes Fourth Amendment issue; totality of circumstances)
Bonilla v. United States, 357 F. App’x 693 (6th Cir. 2009) (detention beyond stop's purpose requires reasonable suspicion)