458 P.3d 220
Idaho Ct. App.2019Background
- Jesse Ray Still was stopped for speeding and expired registration; he produced his license and other documents while officers ran his information.
- Officer Clark called a drug-dog unit twice (initially from the roadside; a second ~10-second call from the patrol vehicle) before the dog arrived and alerted to the vehicle, leading to discovery of a firearm and methamphetamine.
- Still moved to suppress the evidence, arguing the second radio call unlawfully prolonged the stop under Rodriguez v. United States and State v. Linze.
- At the suppression hearing, Officer Clark testified the second call was due to portable radio problems; the district court found the call coincided with officers completing vehicle-entry and paperwork and denied the motion.
- Still entered a conditional guilty plea to felon in possession, reserving the suppression issue, and appealed the denial of the motion to suppress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a brief (~10s) radio call to request a drug-dog unit during a traffic stop unlawfully abandoned the stop’s mission and thus prolonged the seizure in violation of the Fourth Amendment | Still: The second radio call was unrelated to the traffic mission, added time, and therefore constituted unlawful abandonment under Rodriguez and Linze | State: The call did not abandon or deviate from the traffic mission; it was a precursor to a possible investigation and did not itself prolong or convert the stop | The court held the brief radio call did not constitute an abandonment of the traffic mission and did not unlawfully extend the stop; suppression denial affirmed |
Key Cases Cited
- Rodriguez v. United States, 575 U.S. 348 (2015) (stops cannot be prolonged beyond mission absent reasonable suspicion; dog sniffs are unrelated to traffic mission)
- Illinois v. Caballes, 543 U.S. 405 (2005) (dog sniff during lawful stop is permissible if it does not prolong the stop)
- State v. Linze, 161 Idaho 605, 389 P.3d 150 (2016) (applying Rodriguez; brief delay to assist a drug-dog sniff that abandoned the traffic mission violated the Fourth Amendment)