State v. Alvarez

Defendant was arrested for possession of methamphetamine after a routine traffic stop. Defendant was convicted and sentenced for promotion of a dangerous drug in the third degree. Defendant appealed, arguing that the circuit court erred in denying his motion to suppress drug evidence recovered as a result of a canine narcotics screen that was performed on his vehicle. The Intermediate Court of Appeals (ICA) affirmed Defendant’s conviction and the denial of Defendant’s motion to suppress. The Supreme Court vacated the ICA’s judgment, holding that the ICA erred in affirming the denial of Defendant’s motion to suppress, as the canine screen was a separate unlawful seizure not reasonably related in scope to the original traffic stop. Remanded. View "State v. Alvarez" on Justia Law