U.S. v. Sanford

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 14-2860
Decision Date: 
November 25, 2015
Federal District: 
C.D. Ill.
Holding: 
Affirmed and reversed in part and remanded

In prosecution on possession with intent to distribute drugs charge, Dist. Ct. did not err in denying defendant’s motion to suppress drugs found in car in which defendant was passenger, where said car had been initially stopped for speeding violation. Arresting police officer could properly ask for identification from all three individuals in car, especially where no one in car had rented car or was authorized by rental agreement to operate it. Moreover, arresting officer could properly seek drug sniffing dog instead of merely writing ticket and sending group away, where: (1) criminal histories of defendant and another individual indicated that they were members of notorious Gangster Disciples street gang; and (2) defendant and others gave evasive answers as to purpose of their trip. Ct. further noted that eight minute gap between officer’s reasonable suspicion of criminal activity and appearance of drug-sniffing dog was not unreasonable.