Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/20

 officer has completed the traffic stop. However, the majority errs in concluding that the legal length of the traffic stop is controlled by when paperwork is returned. A law-enforcement officer does not control the length of the stop by when he or she returns paperwork. In other words, a law-enforcement officer may not withhold paperwork in order to extend the traffic stop beyond the time permitted by law. The majority errs in stating, "While we may not have a bright-line rule for when a stop is legitimately completed, our case law has consistently held that a stop is not concluded when the officer has not returned the license, paperwork, or ticket." The law is, that, "[o]nce the purpose of the traffic stop is completed, the officer may not further detain the vehicle or its occupants unless something that occurred during the traffic stop generated the necessary reasonable suspicion to justify a further detention." Yarbrough, 370 Ark. at 38–39, 250 S.W.3d at 56–57; Sims, 356 Ark. at 514, 157 S.W.3d at 535 (citing United States v. Wood, 106 F.3d 942, 945 (10th Cir. 1997)). Corporal Behnke indicated his understanding of this law in his testimony. He stated that he was still waiting for the ACIC/NCIC returns. He asked for consent to search the vehicle and testified "I didn't hold onto the ticket. I had written it out before I ran the dog around the car. I didn't give it to Mr. Maysonet 'cause the traffic stop was not complete yet." As already noted, the circuit court accepted Corporal Behnke's testimony that he was still waiting for return on the ACIC/NCIC report when the dog was instructed to run around the car. A law-enforcement officer may not extend the time for completion of the purpose of the traffic stop by retaining paperwork. Such a holding grants unfettered discretion and is impermissible.

With respect to Major's alert in this case, I agree with the majority that the circuit