A Florida appeals court reversed a man’s conviction on July 24, 2026, ruling that law enforcement impermissibly prolonged a traffic stop to perform a drug sniff with a K-9 unit.
The ruling by the Fifth District Court of Appeal comes in the case of Nicholas Jamal Hudson, who was arrested following a traffic stop in Marion County where he was riding as a passenger. Contraband was discovered in the vehicle after a police dog walked around the exterior of the car and alerted officers.
Hudson originally entered a no-contest plea to multiple charges stemming from the evidence seized during the stop. However, he reserved the right to appeal the trial court’s denial of his motion to suppress that evidence. Circuit Court Judge Barbara Kissner had initially denied Hudson’s motion.
According to court documents, an officer requested the K-9 unit about four minutes after initiating the traffic stop. While the dog unit arrived shortly after the call, 10 minutes and 20 seconds passed from the initial pull-over before the K-9 exterior sniff actually started.
Under established legal precedent, police may use a narcotics dog to sniff the exterior of a vehicle during a routine traffic stop without a search warrant. However, state and federal law mandate that the dog sniff must be finished within the time reasonably required to address the original reason for the stop, such as running driver checks and writing a traffic ticket or warning.
Writing for the court, Judge Edwards noted that the state failed to present evidence explaining or justifying the delay between the initial stop and the dog sniff. The officer who pulled the car over did not write a traffic ticket and could not recall if he had given the driver a written warning.
“We agree that the traffic stop was improperly and unnecessarily prolonged,” Edwards wrote. “Accordingly, we quash the order denying Appellant’s motion to suppress.”
Judges Harris and Eisnaugle concurred with the decision to reverse the trial court’s ruling and remand the case.
In a separate concurring opinion, Judge Eisnaugle emphasized that because officers acted without a search warrant, the state carried the legal burden to prove the evidence was lawfully obtained. Eisnaugle noted that the state’s record lacked details about what the officer was doing during those 10 minutes.
“We do not know whether the officer was investigating the traffic infraction, preparing a warning, or simply waiting for the K-9 unit,” Eisnaugle wrote, adding that without evidence showing the officer maintained a lawful stop up until the sniff, the conviction could not stand.
Hudson was represented in the appeal by Public Defender Matthew J. Metz and Assistant Public Defender Evan Altes. The State of Florida was represented by Attorney General James Uthmeier and Assistant Attorney General Tabitha Mills.
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