Court of Appeals Reconsiders State v. Reed and Again Finds a Fourth Amendment Violation

The court of appeals decided another significant Rodriguez case yesterday, ruling (again) in State v. Reed that the highway patrol trooper who stopped the defendant for speeding on Interstate 95 detained the defendant for longer than necessary to carry out the mission of the stop without reasonable suspicion of other criminal activity. The friendly pit bull case. When Trooper Lamm of the State Highway Patrol approached the car David Reed was driving, he saw energy drinks, trash, air fresheners, and dog food scattered on the floor of the vehicle. Reed’s fiancée, Usha Peart, was sitting in the front passenger seat and held a female pit bull in her lap. She told Trooper Lamm the dog was friendly, and he petted the dog. Meanwhile, Reed retrieved his New York driver’s license along with the registration and rental agreement for the vehicle. Please exit the vehicle. Trooper Lamm told Reed to get out of the car and to come sit in the patrol car. When Reed got out of the car, the trooper frisked him and found a pocket knife. Reed sat in the front seat of the patrol car. Trooper Lamm’s K-9 was in the back seat. Reed initially sat with the door open and one leg outside of the car. Lamm told him to close the door. Reed said he was scared to do so. Lamm said: “‘Shut the door.  I’m not asking you, I’m telling you to shut the door. I mean you’re not trapped, the door [is] unlocked. Last [...]