State v. Barley
Defendant appealed his conviction on weapons charges. Officer followed and then stopped car for tinted windshield violations. Defendant exhibited signs of anxiety and officer requested consent to search the car after a criminal history check showed a history of CDS offenses.
Defendant refused to consent to a search and officer called for K-9 assistance. Dog alerted to the presence of narcotics, officers searched car and found a handgun and marijuana. Defendant's motion to suppress evidence from the search was denied.
Defendant argued the K-9 search unreasonably prolonged the traffic stop. Officer had an articulable, reasonable suspicion to stop car for the tinted windows and the 27 minute period until the K-9 arrived was a reasonable delay under the circumstances.
Source NJLJ April 19, 2021 at 12:00 AM
