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Missouri Supreme Court Just Says No
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(http://stopthedrugwar.org/chronicle/332/drugdogs.shtml).
In a unanimous decision, the Missouri court threw out the conviction of Jose Granado, who was pulled over for an alleged traffic violation in Pemiscot County. The trooper issued a warning ticket and told Granado he was free to go, but then asked for permission to search the vehicle. When Granado refused to waive his constitutional rights, the trooper detained him until a drug dog could arrive. Anecdotal evidence suggests this practice is increasingly common. The drug dog alerted, and troopers found 26 pounds of marijuana. Based on the seized pot, Granado was charged and convicted of possession with intent to distribute.
But the Missouri Supreme Court said that the trooper violated the Fourth Amendment by engaging in an unwarranted detention and search. "The fact that police may detain a person for a routine traffic stop does not justify indefinite detention," the unsigned opinion said. "The detention may only last for the time necessary for the officer to conduct a reasonable investigation of the traffic violation."
Click here to tead the opinion in Missouri v. Granado online.