The case of Nicholas Magnusson (18). We are going to follow this case here on this blog.
On August 13, 2009 at approximately 9:25pm, Mr. Magnusson was a subject of a traffic stop on Toledo Blade and Woodhaven (city of North Port) for a burned out tag light by arresting Officer Bush. He was eventually arrested for having about half a pound of weed in the trunk of the car. According to the police dispatch report, which anyone can view online, the arresting officer called the K9, but the dog unit didn’t get there for two hours at 11:35.06 pm. There are some conflicting times in the reports. The K9 officer reports the time of 23:34. The Sheriff’s office reports the arrest at 10:02pm(which is the time written on the probable cause affidavit). Could there possibly be some fudging of the times on the police report? The booking time is 1:00am on August 14.
The arresting officer said that Mr. Magnusson was arrested as the result of a dog sniff by K9 Gino and said in his report that the dog was there when he finished his paperwork.
in Illinois v. Caballes, 543 U.S. 405, 407 (2005), the Scotus found that a seizure (traffic stop) that is justified at its inception may become unreasonable if it is unreasonably prolonged in duration. Thus, if the sole reason for the stop is to issue a warning to the motorist, the stop becomes unreasonable if it is prolonged beyond the time reasonably necessary to issue the warning. And if a drug-sniffing dog is used during this unreasonable extension, the use of the dog violates the Fourth Amendment.
Mr. Magnusson is currently out on bail, but there is no attorney of record, yet. His arraignment date is 9/11/2009.