Illinois+v.+Caballes

Background: A state trooper stopped a man for speeding. When the trooper radioed in the stop another trooper reported to the scene with his narcotics-detection dog. While the first trooper was writing a ticket for the man the second trooper walked the dog around the man's car. The dog smelled something in the man's trunk. Both troopers investigated and found marijuana. The man appealed and argued it violated his fourth amendment's search and seizures.

Majority Opinion: 6 votes for Illinois and 7 votes rights not violated. There was no privacy at risk because it was not actually opening the trunk and searching inside, the dog was outside of the car and detected the drug.The court convicted the man of drug trafficking.

Dissenting Opinion: 2 votes against and 2 votes rights violated. The court found there was no probable cause or reasonable belief for the dog. The other trooper and the dog should not have been there in the first place. Also he should not have walked the dog around the car unless there was specific evidence of drugs present. It made a traffic stop into a drug bust which made the stop longer than it should have been.

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