"Well we'll see how smart you are when the K9 come"
This song came out in April of 2004, at the same time Illinois v. Caballes, 543 U.S. 405, was pending before the Supreme Court
So when Jay’s officer says, “we’ll see how smart you are when the canine comes,” no one actually knew whether a dog-sniff of the exterior of a car during a routine traffic stop was Constitutional without any kind of articulable suspicion
Then, in January of 2005, the Supreme Court decided (sadly) that the cop was right
HOWEVER, the police officer cannot extend the stop of the car (a 4th Amendment seizure) beyond the (reasonable) scope of the stop—that is, longer than is reasonable for a traffic stop. A seizure legal when the police first stop you can turn into an illegal one if the seizure lasts longer then is reasonable. Therefore, if the time it takes to get a canine is unreasonable, the seizure would be illegal—and any drugs discovered would be inadmissible (suppressed) in a trial.
Now, assuming Jay Z was driving in New York, post 2010, Jay-Z would be wrong to be worried about the canine sniff in “99 Problems,” thanks to new federalism under the NY Constitution.
Police need a founded suspicion of criminal activity to conduct a canine sniff of a vehicle. Simply asserting (what he believed to be) his rights does not indicate criminal activity. See People v. Devone
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