Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/28

 "continued detention of the driver can become unreasonable" unless the officer has developed adequate reason to suspect that criminal activity is afoot. Sims v. State, 356 Ark. 507, 514, 157 S.W.3d 530 (2004). Mr. Jackson argues that Trooper Behnke had sufficient time to complete the ticket-writing process and that he had developed no additional reasonable suspicion during the course of the traffic stop to justify Jackson's continued detention. Thus, the question is: had the initial stop ended by the time Trooper Behnke developed probable cause to initiate a warrantless search? This turns on whether the purpose of the initial stop had ended by the time K-9 Major performed his sniff.

II. Determining the End Point of the Traffic Stop
In addressing the question of when a traffic stop legitimately ends, the majority properly recognizes that "there is no bright-line rule, as it would likely create an inflexibility that is at odds with Rule 3.1" of the Arkansas Rules of Criminal Procedure. Yet the majority then observes: "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." (citing Yarbrough v. State, 370 Ark. 31, 257 S.W.3d 50 (2007)).

This gives rise to my second point of concern with the majority opinion. I agree that Yarbrough and Sims v. State, 356 Ark. 507, 157 S.W.3d 530 (2004), both underscore that the traffic stop normally has not ended until the paperwork has been completed. See also Menne v. State, 2012 Ark. 37, at 5–6, 386 S.W.3d 451. But whether construed as a "bright-line rule"