Currency Sniff; Prolonged Detention
Officials at an airport inspected subject’s luggage with an X-ray device and discovered a large quantity of currency. They allowed subject to board his flight, but when he arrived at his destination, LE questioned him. He gave consent to be asked questions and to search his luggage. When LE found currency, he withdrew consent. LE then seized the bags and transported them in order to conduct a PSD sniff. This took about 2 hours. The dog “alerted” to the bags, and the officers obtained a search warrant and opened them, finding the currency. The court excluded the currency and the alert from evidence the detention of the subject was excessive in length (the two hours between consent being withdrawn and PSD alert). LE failed to act with diligence in arranging for a police dog to sniff the bags. The court held that LE failed to prove there was probable cause to believe that the currency was connected to drug activities.