State v. De La Rosa

In State v. De La Rosa, 2003 SD 18, 657 N.W.2d 683, the driver, De La Rosa, was legitimately stopped for a routine traffic violation for failure to use his left turn signal. Id. The officer conducted a radio check for warrants and a driver's license check that came back clear, and then issued a warning citation for the signal violation. Id. The officer did not indicate to De La Rosa that he would be free to leave once the traffic ticket was issued. Id. Instead the officer asked De La Rosa to stand in front of the patrol car while he used his drug dog to sniff the vehicle. Id. The officer had the drug dog at his immediate disposal in his vehicle, and as the Defendant in that case conceded, the sniffing activity was of a short duration. Id.