Whether a stop was too long for Rodriguez can be fact-bound. Here, while it was all 24 minutes for the criminal history check with the delay in getting information back, the officer wasn’t talking to or questioning the defendant. “The Court concludes that Mayo was not ‘dilatory in [his] investigation,’ Sharpe, 470 U.S. at 687, and the wait for the results of the criminal background check was not a police tactic designed to obtain incriminating information.” United States v. Steele, 2017 U.S. Dist. LEXIS 191126 (D. Neb. Nov. 20, 2017).
Surveillance at 4 am “form[ed] the requisite ‘particularized and objective basis’ for suspecting that Bradford was involved in a narcotics transaction, which, in turn, justified any delay associated with conducting the dog sniff.” United States v. Bradford, 2017 U.S. Dist. LEXIS 190977 (D. Idaho Nov. 14, 2017).*