Illegal “prolong defendant’s roadside detention” and a police dog sniff his vehicle for drugs

May 23, 2019

State v. Rodriguez  New Jersey Appellate Division May 21, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Layer, Jeffrey Hark Issue: How long can the police keep a motor vehicle driver at a motor vehicle stop for a mere equipment violation? Facts: The following facts are derived from the motion record. On March…

Formal answer to the “dog sniff” question

October 2, 2015

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Until recently, if an officer possessed an articulable reasonable suspicion of criminal activity, an extended  traffic stop in order to conduct a canine search was permissible. State v. Elders, 192 N.J. 224, 234-35 (2007) (where officers threatened the use of a canine in order to gain “consent”…