United States v. Favreau, 886 F.3d 27

Derrick Favreau was stopped by Maine state troopers for traffic violations after officers (including one aware of Favreau's suspected drug-dealing reputation) observed evasive driving and failure to stop promptly for lights and siren.
Trooper Pappas had previously received a tip (about a year earlier) that Favreau's vehicle contained a hidden "trap" compartment for drugs; he and other troopers subsequently surveilled Favreau.
During the stop officers completed the routine license and records check and interviewed Favreau; he appeared unusually nervous, lied about his destination, admitted awareness of surveillance, and had difficulty following directions; a pat-down revealed cash.
After the license check was complete, Trooper Rooney walked his drug-detection dog around Favreau’s car; after several circuits taking under three minutes the dog alerted to the vehicle.
The dog alert provided probable cause; a subsequent search uncovered a trap and a commercial quantity of cocaine. Favreau reserved his right to appeal the denial of his suppression motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers had reasonable suspicion after completing the license check to detain Favreau further and conduct a dog sniff	Officers argued that the tip, observed evasive driving, surveillance-related behavior, nervousness, lies, and cash gave reasonable suspicion of drug transport	Favreau argued the post-license detention and dog sniff lacked individualized reasonable suspicion and therefore were unlawful	Court held the totality of the tip plus observed behavior gave reasonable suspicion to justify further brief investigative detention and a dog sniff
Whether the additional ~3 minutes to run the dog around the car exceeded the permissible duration under Rodriguez/Terry	Government argued the additional time was brief and reasonably necessary to test burgeoning suspicion	Favreau argued any detention beyond completion of the traffic tasks violated Rodriguez and rendered the search unconstitutional	Court held the ~3-minute dog-circling was sufficiently brief and diligent under Terry; it did not make the detention unreasonably long under Rodriguez, so the resulting probable cause and search were valid

Rodriguez v. United States, 135 S. Ct. 1609 (2015) (holding prolonging a traffic stop beyond completion of tasks to conduct a dog sniff is unlawful absent reasonable suspicion)
Terry v. Ohio, 392 U.S. 1 (1968) (authorizing brief investigatory stops on reasonable suspicion)
United States v. Sokolow, 490 U.S. 1 (1989) (guidance on evaluating reasonable suspicion under totality of circumstances)
Whren v. United States, 517 U.S. 806 (1996) (officer motive does not affect Fourth Amendment analysis of traffic stops)
United States v. Pontoo, 666 F.3d 20 (1st Cir. 2011) (length of Terry stop measured by officer diligence and reasonableness of investigative steps)