K9 Search Case Dropped After Motion to Suppress

Our client was pulled over because his tail light lamp had burnt out. The St. Lucie County deputy who pulled our client over requested to search the vehicle. Our client declined the invitation. Instead of going about his business and simply giving our client a warning or ticket, the deputy instead decided to contact a K9 unit to sniff around his vehicle. Naturally, the K9 "alerted" and the law enforcement officers proceeded to search our client's vehicle. They found a green leafy substance that field tested positive for cannabis. Fortunately, our client made the wise decision to hire the Law Office of Brian H. Mallonee. We filed a Motion to Suppress the fruits of the illegal search based on United States Supreme Court precedent from 2015 (U.S. v. Rodriguez.) This case makes it clear that law enforcement officers are not permitted to delay a routine traffic stop for the purpose of calling a K9 dog to the scene. Once the prosecutor read our motion and reviewed the CAD sheets we provided confirming the delay, they elected to drop the case.