NICHOLAS JAMAL HUDSON
v.
STATE OF FLORIDA
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A traffic stop is impermissibly prolonged in violation of the Fourth Amendment when a K-9 drug detection sniff extends beyond the time necessary to conduct normal traffic stop inquiries and issue a citation or warning, and the State fails to provide evidence justifying the extended duration.
[1] A traffic stop may be prolonged to conduct a K-9 drug detection sniff of a vehicle's exterior only if the sniff is completed within the time necessary to conduct normal t…
[2] When no search warrant has been issued, the State bears the burden at a suppression hearing to demonstrate that evidence sought to be suppressed was lawfully obtained.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“However, absent an articulable suspicion of criminal activity, the time an officer takes to issue a citation should last no longer than is necessary to make any required license or registration checks and to write the citation.”
Establishes the legal standard that traffic stops must be limited to the time necessary for normal inquiries and citation issuance absent reasonable suspicion.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficer stopped a vehicle in which Hudson was a passenger. Approximately four minutes after initiating the stop, the officer radioed for a K-9 unit; t…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2025-1286 LT Case No. 42-2024-CF-1010-A
NICHOLAS JAMAL HUDSON, Appellant,
V.
STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for Marion County. Barbara Kissner, Judge.
Matthew J. Metz, Public Defender, and Evan Altes, Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Tabitha Mills, Assistant Attorney General, Daytona Beach, for Appellee.
July 24, 2026
EDWARDS, J.
Nicholas Jamal Hudson, (“Appellant”) appeals his conviction and the denial of his motion to suppress evidence obtained following a traffic stop of the vehicle in which he was riding as a passenger.1 Appellant claims that the officer impermissibly and unnecessarily prolonged the traffic stop for the purpose of summoning a K-9 team to the scene to conduct a drug detection sniff around the exterior of the car. Appellant points out that the officer radioed for the K-9 team approximately four (4) minutes after the stop was initiated, the K-9 arrived very quickly thereafter; however, a total of ten (10) minutes and twenty (20) seconds elapsed post-stop before the K-9 exterior sniff of the car began.
“It is well established that the use of a narcotics dog to sniff a vehicle does not constitute a search and may be conducted during a consensual encounter or traffic stop." Whitfield v. State, 33 So. 3d 787, 790 (Fla. 5th DCA 2010) (citing Illinois v. Caballes, 543 U.S. 405, 407 (2005)). “However, absent an articulable suspicion of criminal activity, the time an officer takes to issue a citation should last no longer than is necessary to make any required license or registration checks and to write the citation.” Id. (citing Maxwell v. State, 785 So. 2d 1277 (Fla. 5th DCA 2001) (additional citations omitted)).2 “[T]he canine search of the exterior of the vehicle must be completed within the time required to issue a citation." Id. (citing Eldridge v. State, 817 So. 2d 884, 887 (Fla. 5th DCA 2002)).
The State offered no evidence to justify the length of time that expired between the traffic stop and the K-9 walk around. The officer who stopped the vehicle did not issue a traffic ticket and couldn't recall whether he issued a written warning to the driver. We agree that the traffic stop was improperly and unnecessarily
prolonged. Accordingly, we quash the order denying Appellant's motion to suppress.
REVERSED and REMANDED.
HARRIS, J., concurs.
EISNAUGLE, J., concurs with opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Illinois v. Caballes, 543 U.S. 405 (U.S. 2005)
- State v. Setzler, 667 So. 2d 343 (Fla. 1st DCA 1995)
- Eldridge v. State, 817 So. 2d 884 (Fla. 5th DCA 2002)
- Maxwell v. State, 785 So. 2d 1277 (Fla. 5th DCA 2001)
- Houston Whitfield v. State, 33 So. 3d 787 (Fla. 5th DCA 2010)
- State v. GAY, 823 So. 2d 153 (Fla. 5th DCA 2002)
- Dravien Jerrod Jones v. State, 187 So. 3d 346 (Fla. 4th DCA 2016)
- Beasley v. State, 939 So. 2d 220 (Fla. 1st DCA 2006)