State v. Barrio

This cause is before us from an order granting a motion to suppress physical evidence. The trial court found, and appellees argue on appeal, that the stop for driving at a speed eight miles per hour over the posted limit was pretextual because Officer Lee had a drug dog with him; the officer had only issued a few tickets in previous months; and the officer conceded that his purpose in being on 1-75 at 10:00 p.m. with a drug-sniffing dog in his car was to locate drugs. We reverse.

Appellees’ vehicle was “clocked” at 73 miles per hour in a 65 mile-per-hour zone. They do not dispute that fact. In…