Kern v. State
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The Supreme Court affirmed the judgment of the district court convicting Defendant of possession with intent to deliver a controlled substance, holding that the district court did not err in denying Defendant's motion to suppress.
Defendant parked his car in a parking lot and was on his way into a bar when Officer Andy Lucus approached him and asked if they could talk. Defendant agreed. While they were talking, two other officers arrived at the scene. Officer Lucus asked if Defendant had proof of insurance. When Defendant could not locate his proof of insurance Officer Lucus wrote a "no insurance" citation. In the meantime, the other officers retrieved a K-9 named Lord to perform a free-air sniff of Defendant's vehicle. After Lord alerted to the smell of drugs Officer Lucus searched the vehicle and found methaphetamine. On appeal, Defendant conceded that his encounter with Officer Lucus began as consensual but asserted that the encounter changed to an unlawful investigatory detention when Officer Lucus requested proof of insurance. The Supreme Court affirmed without deciding the issue, holding that Lord's free-air sniff was lawful whether Defendant was free to leave or not.
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