U.S. v. Gholston

In prosecution on drug distribution charge, Dist. Ct. did not err in denying defendant’s motion to suppress drugs seized during traffic stop, even though defendant argued that officer delayed issuance of traffic ticket in order to allow K-9 dog to arrive at scene and alert to presence of drugs in defendant’s car. Record showed that: (1) prior to instant stop for failure to use turn signal, office had received tip that defendant was selling drugs from his truck; (2) officer followed defendant until defendant failed to use turn signal; (3) by time after officer turned his lights on and stopped his car, defendant had left his car and began to walk away; (4) when defendant returned to his car, officer handcuffed defendant and began to write ticket based on defendant’s oral information; (5) after officer radioed dispatch to verify defendant’s information, he also requested (at six minutes after stop) another officer to bring K-9 dog to test for presence of drugs in defendant‘s car; (6) throughout time officer was writing ticket, officer was encouraging other officer to quickly bring dog; (7) when officer handed ticket to defendant (at 14-minute mark after stop), officer learned that defendant did not have insurance card; and (8) officer with dog arrived and dog alerted to presence of drugs prior to officer’s issuance of second ticket for failure to provide proof of insurance. Dist. Ct. could properly find that officer did not delay stop to allow for presence of K-9, that any delays at issue with instant stop were inconsequential, and that officer’s failure to ask for insurance card at beginning of stop was innocent mistake. (Dissent filed.)