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57 Fla. L. Rev. 963 (2005)
Constitutional Law: Ratifying Suspicionless Canine Sniffs: Dog Days on the Highways - Illinois v. Caballes

handle is hein.journals/uflr57 and id is 975 raw text is: CASE COMMENTS CONSTITUTIONAL LAW: RATIFYING SUSPICIONLESS CANINE SNIFFS: DOG DAYS ON THE HIGHWAYS Illinois v. Caballes, 125 S. Ct. 834 (2005) Jeffrey A. Bekiares * ** Respondent, a motorist on an Illinois highway, was arrested and charged with one count of cannabis trafficking in contravention of chapter 720, section 550/5.1(a) of the Illinois Code.' An Illinois State trooper pulled Respondent over for traveling 6 miles per hour in excess of the speed limit.2 The trooper radioed to the dispatcher that he was making the stop.3 Meanwhile, a second trooper, who was part of the Illinois State Police Drug Interdiction Team, overheard the transmission4 and informed the dispatcher that he was going to bring his canine unit to the scene to conduct a sniff.5 The first trooper approached the vehicle, informed the driver that he was speeding, and requested registration documents.6 The trooper then requested that the driver accompany him back to the patrol car,7 where the trooper told the driver that he was only going to write him a warning for speeding.' At this time, the trooper also requested * For my dad Wayne-the inspiration; for my mom Susan-the wisdom; and for my brother Mike-the role model. I hope the apple doesn't fall too far from the tree. ** Editor's Note: This Case Comment received the George W. Milam Award for the best Case Comment written during Spring 2005. 1. People v. Caballes, 802 N.E.2d 202, 202 (Ill. 2003). 2. Id. at 203. 3. Id. 4. Id. The record does not disclose that there was any communication over the radio between the two troopers during the incident. Id. 5. Id. A canine sniff consists simply of walking a dog around the exterior of the vehicle while the handler watches for the dog to alert to any portion of the vehicle. Id. 6. Id. At this point, the trooper made several observations regarding the overall appearance of the vehicle; specifically, the trooper observed that there was an atlas on the floor, two suits hanging in the back seat, and that the car smelled of air freshener. Id. The Illinois Supreme Court would later determine that these observations collectively were not enough to support any reasonable, articulable suspicion that the driver was engaged in drug trafficking. Id. at 204-05. 7. Id. at 203. A request for a driver to exit his vehicle is neither unusual nor typically subject to challenge on the grounds of expanding the scope of a seizure. See Pennsylvania v. Mimms, 434 U.S. 106, 109-11 (1977). The Supreme Court held in Atwater v. City ofLago Vista, 532 U.S. 318, 354 (2001), that probable cause to believe a crime has been committed justifies arrest for even de minimus infractions. 8. Caballes, 802 N.E.2d at 203.

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