E.D.Mich.: The facts and dashcam video don’t support RS

The stop was continued without reasonable suspicion. The owner of the car was present and never asked for consent. The occupants were told that a drug dog had been called, and there was no consent. The claim of nervousness isn’t supported by the video. “Based on the undersigned’s observations of the video and Trooper Johnson at the hearing, Trooper Johnson’s hearing testimony that Clark appeared nervous when answering questions about the origin of her trip appears to be more the product of an after-the-fact review of the video than his personal observations during the traffic stop.” “The circumstances surrounding this traffic stop simply do not bear the hallmarks of a case in which reasonable suspicion of narcotics possession or any other criminal activity exists. Other than the fact that Clark was speeding, nothing about the traffic-related investigation suggested that anything was amiss. Clark’s driver’s license was valid and she had no outstanding warrants. The vehicle was neither stolen nor a rental that had been rented by someone who was not present. The vehicle registration check confirmed that the vehicle was owned by Chaney who was present in the vehicle.” The motion to suppress should be granted. United States v. Chaney, 2016 U.S. Dist. LEXIS 79843 (E.D.Mich. June 1, 2016).*