In prosecution on drug distribution charge, Dist. Ct. did not err in granting defendant’s motion to suppress large quantity of methamphetamine and cash that was seized during traffic strop from vehicle in which defendant was passenger, where said seizure came more than 33 minutes after initial stop regarding illegal lane usage for which officer intended to write warning ticket. While officer had lawful basis for initiating instant stop, instant seizure became unlawful where, as here, stop was prolonged beyond time reasonably required to complete initial mission of stop. Although govt. agreed that officer extended traffic stop beyond time necessary to issue traffic citation, especially where instant delay was caused by officer’s inability to summon sniff dog on more timely basis, Ct. rejected govt.’s claim that officer had reasonable suspicion to extend stop merely because: (1) officer perceived that defendant and driver of vehicle seemed nervous; (2) both individuals came from greater Los Angeles, which officer believed was major narcotics distribution center; (3) both individuals presented conflicting travel plans; and (4) vehicle contained multiple air fresheners. Fact that driver gave consent to search vehicle did not require different result where consent was given during extended stop.
Federal 7th Circuit Court
Criminal Court
Search and Seizure