Rodriguez v. United States

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Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

575 U.S. 348

Jan. 21, 2015

Apr. 21, 2015

Legal Issue

Does the Fourth Amendment’s protection from unreasonable search and seizure prohibit an officer from extending a traffic stop to allow a drug-sniffing dog to conduct a sniff search of the vehicle?

Holding

Yes, while an officer may conduct certain unrelated checks during a lawful traffic stop, they may not extend the length of the traffic without reasonable suspicion.

Dodger, a K-9 with the University of Nebraska-Lincoln Police Department | Credit: UNL/Nebraska Today

Background

Just after midnight at 12:06 a.m. on March 27, 2012, Officer Morgan Struble, a K-9 officer with the Valley Police Department in Nebraska who had his dog Floyd in his patrol car, observed a vehicle veer slowly onto the shoulder of the Nebraska State Highway for one or two seconds before jerking back onto the road. Driving on the highway shoulder violated Nebraska law, so Struble initiated a traffic stop. The vehicle was occupied by Dennys Rodriguez, the driver, and Scott Pollman, his passenger. Struble asked Rodriguez why he had swerved, to which Rodriguez replied that he was trying to avoid a pothole. When Struble collected Rodriguez’s driver’s license, vehicle registration, and proof of insurance, he  asked Rodriguez to sit in the patrol car. Rodriguez asked if he was required to do so, Struble answered that he was not, and Rodriguez chose to wait in his own vehicle.

Struble ran a records check on Rodriguez, returned to the vehicle, collected Pollman’s driver’s license, and asked about their travel plans. Pollman explained that they had traveled to Omaha, Nebraska, to look at a Ford Mustang that was for sale and were now returning to Norfolk, Nebraska. Returning to his patrol car, Struble ran a records check on Pollman, called for a second officer, and began writing a written warning for the shoulder-driving infraction. By 12:27 or 12:28 a.m., Struble returned to Rodriguez’s vehicle a third time, explained the written warning, and returned all documents to Rodriguez and Pollman. At this point, all official business related to the stop was completed, but despite having completed all traffic-related tasks, Struble didn’t consider Rodriguez free to leave and asked for permission to walk his narcotics-detection dog around the vehicle. Rodriguez refused, so Struble ordered him to turn off the vehicle and wait in front of his patrol car until backup arrived. A deputy sheriff arrived at 12:33 a.m., whereupon Struble retrieved his dog and walked him twice around Rodriguez’s vehicle. Approximately seven to eight minutes after the written warning was issued, the dog alerted to the presence of drugs, and a subsequent search uncovered a large bag of methamphetamine.

A federal grand jury in the U.S. District Court for the District of Nebraska indicted Rodriguez on one count of possession with intent to distribute 50 grams or more of methamphetamine. Rodriguez moved to suppress the drug evidence, arguing that Officer Struble had unconstitutionally prolonged the traffic stop without reasonable suspicion in order to conduct the dog sniff. A Magistrate Judge recommended denying the motion, finding that while Officer Struble lacked independent reasonable suspicion once the written warning was issued, Eighth Circuit precedent treated a seven- to eight-minute extension for a dog sniff as a permissible de minimis intrusion on Fourth Amendment rights. The district court adopted the Magistrate Judge’s findings and denied Rodriguez’s motion to suppress, after which he entered a conditional guilty plea and was sentenced to five years in prison. The U.S. Court of Appeals for the Eighth Circuit affirmed, holding that the brief delay was an acceptable de minimis intrusion on personal liberty and declining to decide whether reasonable suspicion existed. The U.S. Supreme Court then granted certiorari.

6 - 3 decision for Rodriguez

Rodriguez

U.S.

Thomas

Scalia

Kennedy

Roberts

Ginsburg

Sotomayor

Alito

Kagan

Breyer

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