United States v. Favreau, No. 17-1261 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the district court’s denial of Defendant’s motion to suppress drug evidence as having resulted from an unlawful search under the Fourth Amendment, holding that the search was constitutional.
At issue was whether, after completing a license check that is usual when a car is stopped for a driving offenses, the police had reasonable suspicion that a drug offense was being committed so as to justify a further period of detention while a drug detection dog repeatedly circled Defendant’s car, and whether the added time exceeded the permissible duration for the dog’s investigation. The First Circuit held (1) probable cause justified the search that led to discovery of the drugs; and (2) the approximately three minutes from the beginning of the dog’s reconnaissance to the dog’s response fell within the zone considered reasonable under the Terry rationale.