By: Derek Hawkins//November 21, 2017//
WI Court of Appeals – District II
Case Name: State of Wisconsin v. James R. Stib
Case No.: 2017AP3-CR
Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.
Focus: Exclusionary Rule – Good Faith Exception
This appeal concerns whether the good faith exception to the exclusionary rule applies to evidence obtained when binding appellate precedent permitted a reasonable delay of a traffic stop to conduct a dog sniff. See State v. Arias, 2008 WI 84, 311 Wis. 2d 358, 752 N.W.2d 748. James R. Stib argues that his Fourth Amendment rights were violated when his traffic stop was prolonged for the sole purpose of conducting a dog sniff in contravention of the United States Supreme Court’s holding in Rodriguez v. United States, 135 S. Ct. 1609 (2015). We affirm as the dog sniff was conducted in objectively reasonable reliance on then-existing precedent, and, therefore, the good faith exception applies and renders exclusion of the evidence an inappropriate remedy.