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N.D.Iowa: Defendant agreed to talk with trooper and to a dog sniff

By John Wesley Hall, Jr.

The trooper told defendant he was free to go handing back papers and saying “have a nice trip.” Then the trooper said “have you got time for a couple of quick questions?,” and the defendant agreed to talk, and the trooper asked about drugs. Defendant asked why, and he said he had “indicators.” He was not seized when he agreed to a drug dog coming to sniff the car. United States v. Bowman, 2010 U.S. Dist. LEXIS 54194 (N.D. Iowa June 3, 2010)*: Here, Trooper Simmons had returned Defendant’s driver’s license, registration, and insurance papers, and told Defendant that he was free to leave. The video demonstrates that Simmons did not block Defendant’s path to his vehicle, nor did he raise his voice or otherwise suggest that Defendant’s compliance was required...continue to full post

Full post as published by Fourth Amendment on June 06, 2010 (boomark / email).