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To: P-Marlowe

Read the decision, it is pretty short. He wasn’t waiting for a dog as the headline suggests, he was waiting for a backup officer because there were two men in the car, and he feared a positive alert would be met with an attempt to escape.

He did establish what he, and Thomas/Alito thought was reasonable suspicion after stopping the guys, strong masking odor, excessive nervousness, and a suspect story by both, which is all that is required to detain someone for investigation of criminal activity.

It looks like the reasonable suspicion was tossed by an appeals judge and not argued, so I suppose this could be back to determine if the courts accept the facts supporting reasonable suspicion.


37 posted on 04/21/2015 10:00:06 AM PDT by Yogafist
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To: Yogafist; xzins
He did establish what he, and Thomas/Alito thought was reasonable suspicion after stopping the guys, strong masking odor, excessive nervousness, and a suspect story by both, which is all that is required to detain someone for investigation of criminal activity.

The question of reasonable suspicion was not an issue before the Supreme Court. It was basically stipulated that there was no reasonable suspicion and the only issue before the court was whether, in the absence of a reasonable suspicion, the police may detain a driver based on some hunch long enough to bring a police dog to sniff for drugs.

Thomas and Alito had no jurisdiction to question the ruling of the lower court that there was no reasonable suspicion. That was not an issue to be decided. I think Justice Thomas' opinion is way off base. The only question was whether a continued delay after all the basics of a traffic stop has been completed violates the 4th amendment protection against unlawful seizure of a person. In this case I think Scalia was right and Thomas was wrong.

We need to have more protections from this current tyrannical government, not less.

39 posted on 04/21/2015 10:48:59 AM PDT by P-Marlowe (Saying that ISIL is not Islamic is like saying Obama is not an Idiot.)
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