People v. Abdur-Rashid

In People v. Abdur-Rashid, 64 AD3d 1087 [3rd Dept 2009] a police officer stopped a motorist for no license plate and other vehicle irregularities. After running a license check, the officer asked the driver to step out of the vehicle, and noted that he seemed nervous, and looked repeatedly at the officer's canine, who was then in the officer's vehicle. When the officer let the dog out of his car, the dog immediately alerted to the presence of narcotics in the trunk area of the motorist's car. The search produced cocaine. While rejecting the People's argument that the cocaine was found as part of a valid inventory search, the court found, instead, that the officer had a reasonable basis to suspect that criminal activity was under way based on the defendant's nervousness. Therefore he was permitted to conduct a canine sniff of the exterior of the vehicle.