Legal Opinion

Underhill v. State

District Court of Appeal of Florida

Decided July 13, 2016No. 4D15-1778PublishedCited by 2 opinions

1Opinion of the CourtWarner, J.

Appellant Lee Underhill appeals his convictions for possession of methamphetamine and use or possession of drug paraphernalia. He contends that the trial court erred in denying his motion to suppress evidence recovered during a traffic stop, because the officer unconstitutionally prolonged the stop by interrupting it to use a drug sniffing dog. Based upon Rodriguez v. United States, — U.S. -, 135 S.Ct. 1609, 191 L.Ed2d 492 (2015), and Jones v. State, 187 So.3d 346 (Fla. 4th DCA 2016), we agree that the traffic stop was prolonged and the evidence discovered during the prolonged stop must be…

2Cases cited7 opinions

  1. Illinois v. CaballesSupreme Court of the United States · 2005
  2. Rodriguez v. United StatesSupreme Court of the United States · 2015
  3. Arizona v. JohnsonSupreme Court of the United States · 2009
  4. Connor v. StateSupreme Court of Florida · 2001
  5. United States v. James EvansCourt of Appeals for the Ninth Circuit · 2015

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3Cited by2 opinions

  1. Nichole Vangansbeke v. StateDistrict Court of Appeal of Florida · 2017
  2. Nichole Vangansbeke v. StateDistrict Court of Appeal of Florida · 2017

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