CA2: Traffic stop ignored traffic inquiries and went into carrying drugs within 5 minutes; unreasonable under Rodriguez but valid at time, so GFE applies

“This appeal arises out of a traffic stop of Defendant-Appellant Brayan Gomez and his resulting judgment of conviction for heroin-trafficking …. During the five-minute traffic stop prompted by multiple traffic violations, the officers prolonged Gomez’s seizure by asking him narcotics-related questions. Gomez then consented to the search of a bag in the car’s trunk, which contained heroin. The district court denied Gomez’s motion to suppress. We hold that the traffic stop violated the Fourth Amendment because the officers extended the stop for reasons unrelated to Gomez’s traffic violations. Nevertheless, we conclude that the good-faith exception to the exclusionary rule applies because, at the time of the stop, the officers reasonably relied on our binding precedent, which we conclude is abrogated by Rodriguez v. United States ….” United States v. Gomez, 2017 U.S. App. LEXIS 24502 (2d Cir. Dec. 5, 2017)

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