State v. Byrd

Citations

• 204 N.E.3d 681
• 2022 Ohio 4635

Syllabus

Motion to suppress traffic stop reasonable suspicion canine sniff. Motorist was stopped for crossing the fog line on the right-hand edge of the roadway. During the stop, the officer questioned the motorist as to her direction and purpose of travel. After the officer determined he would issue a warning, he prolonged the stop in order for a canine to come on scene. The canine alerted to the vehicle, and a search revealed a firearm in the car. The initial stop of the motorist was based on a reasonable and articulable suspicion that a traffic offense had been committed. Having stopped the motorist, the officer was entitled to detain her for the time sufficient to issue a ticket or warning. In this case, the officer detained the motorist beyond the time he completed the purpose of the stop necessary in order for a canine to arrive. Further, the officer did not articulate facts that supported a reasonable suspicion to prolong the stop for the purpose of a canine sniff.