Nebraska Midnight

Rodriguez v. United States, 575 U. S. ____ (2015).

Rory Little, Opinion analysis: Traffic stops can’t last too long or go too far, and no extra dog sniffs!, SCOTUSblog (Apr. 21, 2015, 7:55 PM), http://www.scotusblog.com/2015/04/opinion-analysis-traffic-stops-cant-last-too-long-or-go-too-far-and-no-extra-dog-sniffs/

“…One midnight in Nebraska, “K-9” Officer Morgan Struble was driving alone with his drug-sniffing companion when he saw Rodriguez’s car drift over the shoulder line and then jerk back onto the road. Struble stopped the car, asked for an explanation (“pothole”), and took Rodriguez’s license, registration, and proof of insurance to run a records check back in his patrol car. He asked Rodriguez to accompany him, but when Rodriguez asked if he had to and Struble said no, Rodriguez “decided to wait in his own vehicle.” (This brings to mind the many videos populating the internet these days that show people not complying with police requests unless ordered to. As I often remind my students, these videos tend not to show the incidents where such “standing on your rights” goes badly for the private citizen. “Know your rights, but don’t always invoke them,” is my realpolitik advice. The real world is a volatile place.)

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