Berry v. State

The uncontested initial stop was valid; the valid stop was ongoing and was not prolonged in order to conduct the free-air K-9 search; and the free-air K-9 search did not violate the Fourth Amendment. So, I respectfully dissent.

1. The propriety of the initial stop based on an invalid license tag is not before us, because the issue went undisputed in the court below.32 The trial court’s finding that “the officer lawfully stopped the vehicle driven by the defendant because the vehicle did not have a state-issued tag” provides nothing for this Court to review when no one ever claimed below that…