The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys
The Kelly Law Firm Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys

Drug Crimes and Reasonable Suspicion

The case of Rodriguez vs. the United States was a landmark drug crimes case decided by the United States Supreme Court in 2015. In the case of Rodriguez vs. the United States, the United States Supreme Court addressed the issue of how long an officer can delay a motorist stopped for a traffic violation so that the officer can call in a canine to search the motorist's car for drugs.  Defending Drug Crimes In the Rodriguez case, the police officer called for a police dog to come and search Mr. Rodriguez's car about seven minutes after the ticket for Mr. Rodriguez was written by the police officer. Justice Ginsburg of the United States Supreme Court stated: "Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution's shield against unreasonable seizures." Five other Supreme Court justices agreed with Justice Ginsburg and only three Supreme Court Justices disagreed with her.

In the Rodriguez case, a Nebraska police officer saw the vehicle being driven by Mr. Rodriguez veer onto the shoulder of the highway around midnight. The police officer stopped the vehicle for veering onto the shoulder of the highway and ran the background of booth Mr. Rodriguez and the passenger in his vehicle. Both the United States government and Mr. Rodriguez agreed that the initial stop by the police office of Mr. Rodriguez was a legitimate stop. The Officer gave Mr. Rodriguez a written warning for his driving violation.

The issue that arises as a result of the Rodriguez decision is how it will affect the state of the law in Pennsylvania. Pennsylvania Drug Crimes Lawyers  Since it is the United States Supreme Court that made this decision, its decision is legally binding on the Pennsylvania Courts. Accordingly, the law in Pennsylvania now continues to be that the police must have reasonable suspicion of criminal activity if they wish to turn a regular traffic stop into a detention of the motorist.

No Comments

Leave a comment
Comment Information

Why We Succeed

Preparation.

We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...

Experience.

For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...

Commitment.

We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule a Case Evaluation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
West Chester Law Office Map

Review Us
Back to Top