K9 Search: 31 Minute Delay OK


A man was pulled over by law enforcement for speeding; the defendant-appellant in this case was the passenger in this vehicle. The officer noticed various indicators that the two might have drugs in their vehicle. He patted them down and requested a drug canine, which arrived 20 minutes later. The drug dog found two marijuana pipes, one of which the passenger admitted ownership of. He was arrested and charged with possession of drug paraphernalia (R.C. § 2925.14C1). This is a fourth degree misdemeanor offense. The defendant and the defendant's mother filed various motions to move the day of the hearing. The defendant's appeal was made on three assignments of error: 1) The state failed to produce evidence in rebuttal, which should have required discharge, 2) Trial court's guilty verdict was in error for denying motion to dismiss, and 3) Trial court's guilty verdict was in error for denying appellant's motion to suppress evidence. In this drug offense conviction, it was found not error to deny motion to suppress where there was reasonable suspicion for stop for speeding, and time elapsed between stop and arrival of drug dog was not unreasonable since officer was processing defendant's insurance information.