Baker was a passenger in a vehicle stopped for not having the license plate illuminated. He entered a conditional plea. He argued that Police illegally extended the stop to conduct a dog sniff after the arrest of the driver. Police arrested driver for driving without a license. Mr. Baker and the other passengers waited in the car until a K9 unit arrived and performed a dog sniff of the vehicle. The dog alerted on the car door, and police ordered Baker and others out of the car. Police frisked Baker and found a marijuana pipe. Later, during booking, police also found a bag of methamphetamine.
Police testified that they did not fear for their safety and that reason for the search because the dog had indicated the presence of drugs.
The Supreme Court affirmed the Court of Appeals suppression of the evidence. The Court found police illegally prolonged the stop to await the K9 unit. While there could have been a good faith exception to this violation, Police had no articulable suspicion to justify a Terry frisk of Baker, which uncovered the evidence. There is no justification allowing police to search as a means of controlling the scene. Further, any detention after following the resolution of the reason for the stop is illegal; there is not de minimus exception.
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