How Dog Sniffs and Unrelated Inquiries Can Turn a Traffic Stop into a Constitutional Violation

What began as a lawful traffic stop violated the Fourth Amendment’s shield against unreasonable seizures when the officers detoured from the traffic stop’s mission by conducting the dog sniff and inquiring into matters unrelated to the traffic violation and these detours prolonged the stop “‘beyond the time reasonably required to complete the mission’ of issuing a ticket for the [traffic] violation. [Citation.]” (Rodriguez, supra, 575 U.S. at pp. 350–351.)

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The United States Supreme Court has identified tasks that are part of an officer’s mission during a stop for a traffic violation: “Beyond determining whether to issue a traffic ticket, an officer’s mission includes ‘ordinary inquiries incident to [the traffic] stop.’ [Citation.] Typically such inquiries involve checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance. [Citations.]” (Rodriguez, supra, 575 U.S. at p. 355.) The temporary detention may also include “a criminal history check [citation], which is done by consulting an incar computer terminal or radioing dispatch. [Citations.]” (People v. Lopez (2019) 8 Cal.5th 353, 363, fn. 4.) “‘And although not specifically compelled by law, certain other steps customarily taken as matters of good police practice are no less intimately related to the citation process: for example, the officer will usually discuss the violation with the motorist and listen to any explanation the latter may wish to offer.’” (People v. Tully (2012) 54 Cal.4th 952, 981.) These tasks are included within the officer’s mission during a traffic stop because they “serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safely and responsibly. [Citations.]” (Rodriguez, supra, 575 U.S. at p. 355.) An officer may also require a lawfully stopped driver to exit the vehicle for officer safety to complete his traffic stop mission. (Id. at p. 356.)

“On-scene investigation into other crimes, however, detours from [the traffic stop’s] mission. So too do safety precautions taken in order to facilitate such detours. [Citation.]” (Rodriguez, supra, 575 U.S. at p. 356.) While “[a]n officer … may conduct certain unrelated checks during an otherwise lawful traffic stop,” the officer “may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual. [Citation.]” (Id. at p. 355.)

Full case here: THE PEOPLE v. JOSEPH GYORGY, G061567 (Super. Ct. No. 18NF2747), (7/14/2023), https://www.courts.ca.gov/opinions/documents/G061567.PDF