In 2015, the Supreme Court of the United States decided Rodriguez v. United States, 575 U.S. __, 135 S. Ct. 1609 (2015). Rodriguez held that it was improper for an officer to extend a traffic stop for several minutes in order to conduct a dog sniff of the stopped vehicle. More generally, the decision requires an officer to pursue the “mission” of a traffic stop diligently, without measurably extending the duration of the stop for investigative activity unrelated to the purpose of the stop.
Our court of appeals has issued several decisions under Rodriguez, including some in defendants’ favor. Everyone has been waiting for those cases to make their way to the state supreme court. Now one has, and it turns out that the supreme court’s understanding of Rodriguez differs considerably from the view adopted by at least some panels of the court of appeals.
The case in question is State v. Bullock, __ N.C. __, __ S.E.2d __, 2017 WL 5017435 (2017), and this post explores it further.