U.S. v. Yang

In prosecution on drug and firearm charges, Dist. Ct. did not err in denying defendant’s motion to suppress drugs and firearm seized during traffic stop of truck in which defendant was passenger. Record supported finding that officer had reasonable suspicion to believe that traffic violation had occurred, where officer provided credible testimony that truck had failed to come to complete stop at stop sign. Moreover, officer had reasonable suspicion to believe that defendant and two others in truck were engaging in unlawful drug activity, where: (1) defendant’s vehicle was in area of known drug activity in early morning hour; (2) truck was parked with engine running, and officer saw defendant walking a few houses away from truck from direction of nearby drug house, and (3) another officer had radioed that occupants in similar truck had been acting “shady.” Moreover, six minutes from stop to start of altercation between defendant and officer arising out of defendant’s refusal to keep his hands exposed, when gun fell out of defendant’s waistband, did not constitute unlawful extension of stop, especially where officer asked permissible travel-plan questions, and where time was used to investigate driver’s license and registry of truck.