Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/18

 commit a felony or a misdemeanor involving danger or forcible injury to persons or of appropriation or damage to property. See Sims v. State, 356 Ark. 507, 157 S.W. 3d 530 (2004); Ark. R. Crim P. 3.1 (2012). However, as part of the traffic stop, a law-enforcement officer may carry out certain routine tasks:

"This detention is, of course, unrelated to a Rule 3.1 detention. The Eighth Circuit Court of Appeals has discussed the detention associated with a valid traffic stop succinctly:

"[H]aving made a valid traffic stop, the police officer may detain the offending motorist while the officer completes a number of routine but somewhat time-consuming tasks related to the traffic violation, such as computerized checks of the vehicle's registration and the driver's license and criminal history, and the writing up of a citation or warning. See United States v. Carrazco, 91 F.3d 65, 66 (8th Cir. 1996). During this process, the officer may ask the motorist routine questions such as his destination, the purpose of the trip, or whether the officer may search the vehicle, and he may act on whatever information is volunteered.""

Laime v. State, 347 Ark. 142, 157–58, 60 S.W.3d 464, 474–75 (2001) (quoting United States v. $404,905.00 in U.S. Currency, 182 F.3d 643, 647 (8th Cir. 1999)). According to the majority, Corporal Behnke "was still waiting for a return of criminal-history checks from ACIC for one of the men at the time he deployed K-9 Major." While Corporal Behnke's testimony was mixed on when, or if, he ever received a report on the ACIC/NCIC check, there was evidence from which the circuit court could have concluded that Corporal Behnke had not received the report at the time Major was deployed to run around the vehicle to check for contraband. Therefore, at that time, the traffic stop was still ongoing, and this court need look no further. Rule 3.1 had not come into play, and there is no merit to Jackson's argument that he was unlawfully detained at the time Major was utilized.