After an officer on a bicycle patrol observes Simon turn without signaling, the officer calls for an attending patrol car to make the stop. The patrol officer starts the process of conducting the traffic stop and then hands it off to one of two bicycle officers who make their way to the scene. While an officer proceeded to write a warning for the traffic infraction, a K9 unit was called and the K9 alerted. No drugs were found, but a firearm was found and Simon was arrested and charged with being a felon on possession of a firearm.

Simon argued that the officers had no probable cause to make the traffic stop and that even if they did, the stop was unlawfully prolonged to allow for the K9 to sniff the car.  He argued that as a result the evidence should be excluded. The court disagreed with both arguments. Regarding the stop, the court ruled that given the two bicycle officers testified they saw Simon commit a traffic infraction, and given the judge believed them, there was no reason to reverse the decision that probable cause justified starting the stop. Regarding the prolonged stop argument, the court held that the officers were processing the ticket when Rex arrived and alerted, so they had not yet completed the initial mission of the stop, and the stop was not improperly prolonged to allow Rex to sniff.

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