Orange Rinds + Lysol + Armor All (i.e. Masking Odors) = Reasonable Suspicion

State of Utah v. Heather Richards, 2009 UT App. 397, (Utah Court of Appeals, December 31, 2009).
Heather Richards was pulled-over for allegedly crossing over the fog line. When the officer approached the vehicle, he noticed the smell of oranges and air fresheners. After checking Defendant’s license and registration, he returned to the vehicle and noticed the orange rinds, and Armor All and Lysol brand cleaners. He also noticed multiple cell phones. After seeing these items, the officer believed that Defendant might be masking other odors. Defendant refused the officer’s request to search the car. In order to dispel or confirm his suspicions, he called for a drug sniffing canine to do a canine sniff of the vehicle. While performing the canine sniff, the dog signaled on the trunk. The officers opened the trunk and found 40lbs of marijuana.

At trial, defendant moved to suppress the evidence alleging that there were insufficient grounds to support the extended detention and the canine sniff. The Trial denied the motion and found that the orange rinds, Armor All, and Lysol were sufficient reasonable suspicion. Defendant appealed.

The Court of appeals affirmed the trial court’s admittance of the evidence, finding that the multiple masking agents and multiple cell phones was sufficient reasonable suspicion to warrant the canine sniff.

Full Decision available at http://www.utcourts.gov/opinions/appopin/richards123109.pdf