Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/29

 or merely as a "consistent holding," I do not read any of these decisions to support the notion that, just because the paperwork has not been returned, the stop cannot be challenged as unduly protracted. While such a rule might add predictability and simplicity to the legal task, it could provide a fecund ground for mischief. To be sure, while the return of paperwork may be a presumptively-appropriate starting point to gauge the justifiable duration of an initial traffic stop, Menne, Yarbrough, and Sims should not be construed as creating some sort of safe harbor that immunizes an investigating officer's purposeful delay from judicial scrutiny. The State ultimately conceded as much in oral argument.

Thus, absent independent reasonable suspicion to detain a motorist, no officer should be empowered to delay completion or delivery of the traffic stop paperwork simply to continue trolling for probable cause or, in a case such as this one, to buy time so that the canine cavalry can arrive to save the day. Illinois v. Caballes, 543 U.S. 405, 407 (2005).

In the case at bar, Trooper Behnke claimed that he had cultivated reasonable suspicion to prolong the stop during the course of the traffic stop. Among other key "indicators" he noted that he had seen a road atlas, fast food wrappers, and a single small suitcase inside the pickup. The Trooper also noted that, according to its rental agreement, the pickup had been due to be returned the previous day. But such "evidence" proves too little. Indeed, if fast food wrappers and a road atlas (or GPS device) constitute legitimate touchstones for criminal activity, then the highways of Arkansas are hopelessly teeming with felons. His observation that the rental contract had recently expired might have added more vitality to his suspicions but for the fact Trooper Behnke never suggested that he felt that the vehicle was indeed stolen. Nor did he otherwise persuasively link the vehicle's status per se as a rental to