Charges against man dropped – Toledo police released sniffer dog during traffic stop, lawyer says

TOLEDO, Ohio (WTVG) – Charges have been dropped against a man who was stopped by Toledo police for stealing a license plate but didn't, and a sniffer dog was then unleashed on him.

Brandon Upchurch's attorneys told 13 Action News on Monday that prosecutors dropped all charges, including the later-added failure to comply charge. In total, Upchurch faced charges of obstruction of justice, resisting prosecution and failure to comply before the charges were dropped on August 19.

The traffic stop that garnered national attention occurred in April when police were alerted to a suspected stolen license plate by a flock camera. However, the camera's information turned out to be false and the license plate was not stolen.

Officers drew their weapons and ordered Brandon Upchurch out of the truck. The man had his hands up and asked why he was stopped. The sniffer dog was eventually released on Upchurch, who was subsequently arrested.

A TPD investigation found that there was no wrongdoing in the use of the sniffer dog on the man during the traffic stop. An officer received a written citation for failing to visually check the license plate.

However, the police chief said this prompted the department to review its policies on the use of dog teams.

According to TPD's K-9 policy, before deployment, the handler must consider the severity of the crime, whether the suspect poses an immediate threat to officers or citizens, and whether the suspect is actively resisting arrest or attempting to evade arrest by hiding or fleeing.

Attorney Jerome Phillips previously told 13 Action News that he believed the later addition of the failure to comply charge was retaliatory and that Upchurch should never have been arrested and charged.

The attached video is from our initial report.

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