Forty minute detention after traffic stop is not unreasonable while awaiting arrival of drug dog and handler

SEARCH & SEIZURE United States v. Mendoza, No. 05-4299, ___ F.3d ___ (10th Cir. Nov. 15, 2006)(Utah). Appeal of conviction and sentence for possession of methamphetamine with intent to distribute in violation of 28 U.S.C. § 841(a)(1). HELD: Because state police trooper had reasonable suspicion to believe defendant was transporting illicit drugs, he properly detained defendant after conclusion of traffic stop until handler and trained drug dog arrived on scene to sniff for contraband. Given distance between scene of traffic stop and nearest handler, trooper’s diligence in promptly summoning dog handler, and handler’s speedy arrival, forty-minute roadside detention was reasonable and did not violate Fourth Amendment. Read the opinion here.