Case Analysis Petitioner Dennys Rodriguez - 986 Words

BACKGROUND: Petitioner Dennys Rodriguez (â€Å"Rodriguez†) was stopped by Officer Struble, around midnight, for driving on the shoulder thereby violating a Nebraska statute. Officer Struble issued Rodriguez a warning for the violation. He then asked Rodriguez for consent to a dog sniff around the car, Rodriguez refused, and Officer Struble ordered him out of the car, to facilitate the dog sniff. Rodriguez waited for a backup officer to arrive and the dog sniff was conducted within minutes. The dog alerted Officer Struble to drugs in the car after the second pass. A search ensued revealing a â€Å"bag of methamphetamine.† The United States District Court for the District of Nebraska indicted the petitioner for â€Å"possession with intent to†¦show more content†¦A traffic stop is analogous to a Terry stop, a limited seizure with its scope and duration defined by its mission; addressing the violation that initiated the stop, attend related safety concerns, and conduct ordinary inquiries incident to the stop. Justice Alito’s suggestion, to change the order of the dog sniff, is refuted because only unrelated checks, that do not prolong a stop, are permissible. Further, ordinary inquiries incident to the stop are within the mission because they â€Å"serve the same objective†, to enforce the traffic code. Conversely, dog sniffs do not serve that objective. Justice Thomas’s dissent, joined by Justice Alito and Justice Kennedy, addressed a different question, â€Å"whether an officer executed a stop in a reasonable manner.† Finding that Officer Struble reasonably executed the stop and, â€Å"no Fourth Amendment violation occurred.† EVALUATION: The Fourth Amendment ensures â€Å"[t]he right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.† Balancing individual Fourth Amendment rights against legitimate government interests, is the central issue of this case. The Court’s decision resolved a divide in lower courts, distinguished the relevant government interest for the general interest in crime, analogized traffic stops to a Terry stop, and explained the â€Å"mission†.Ultimately, this decision strengthened the Fourth