Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/27

 considering the historical facts as addressed by the circuit court, a reasonably-objective police officer either would have reasonable suspicion that the person stopped has committed, or is about to commit, a criminal act, or would have probable cause to believe that, upon search, contraband or evidence of criminal activity will be found.

Distilled to its essence, the appellate court must apply a clearly erroneous standard over the circuit court's historical factual findings and then employ a de novo review as it determines whether those facts – taken in totality – indeed constitute reasonable suspicion or probable cause.

This interlude into the ramifications of standard of review sets the stage for what is a crucial issue in this case. I agree that, under State v. Thompson, 2010 Ark. 294, 377 S.W.3d 207, a positive canine sniff can provide probable cause for the subsequent vehicle search. Yet in this instance, it appears that K-9 Major was not actually deployed until slightly more than 15 minutes after the traffic stop had commenced. It is well-established that, after routine checks and related paperwork are completed during the course of a lawful traffic stop,