Bush v. State

OPINION

ROBB, Judge.

The State petitions this court for rehearing of our opinion dated April 27, 2010. In that opinion, we held the canine sniff and resulting warrantless search of Derrick Bush's automobile violated the Fourth Amendment because the State did not meet its burden of showing the traffic stop was not unreasonably prolonged or there was independent reasonable suspicion to justify the canine sniff. Bush v. State, 925 N.E.2d 787, 791-92 (Ind.Ct.App.2010). In its petition for rehearing, the State argues this ground for reversal was waived because: 1) Bush did not argue to the trial…