In what circumstances will a police officer issue a written warning to a driver for failing to return documents and return documents to the driver when the driver's dog sniffed drugs?

California, United States of America


The following excerpt is from People v. D.G. (In re D.G.), H041654 (Cal. App. 2015):

In Rodriguez v. United States (2015) 575 U.S. ___ [135 S.Ct. 1609], the officer issued a written warning to the driver and returned documents. (Id. at p. ___ [135 S.Ct. at p. 1613.) The officer then asked the driver for permission to walk his dog around the vehicle; the driver said no. (Ibid.) The officer then directed the driver "to turn off the ignition, exit the vehicle, and stand in front of the patrol car to wait for [a] second officer." (Ibid.) When the second officer arrived, the first officer conducted a dog sniff by leading the dog around the vehicle. (Ibid.) "[S]even or eight minutes had elapsed from the time [the detaining officer] issued the written warning until the dog indicated the presence of drugs. A search of the vehicle revealed a large bag of methamphetamine." (Ibid.) Unlike the driver in Rodriguez, D.G. immediately consented.

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