CA5: Forgoing license check not unreasonable under Rodriguez where investigation is proceeding apace

“Burcham’s argument based on Rodriguez v. United States, 135 S.Ct. 1609 (2015), is unavailing. Rodriguez is distinguishable; the district court did not err in finding that Jenkins’s decision to extend the stop was justified by additional reasonable suspicion developed from Burcham’s responses to traffic-related questions. See United States v. Brigham, 382 F.3d 500, 508-09 (5th Cir. 2004) (en banc). [¶] Jenkins also did not violate Rodriguez by forgoing a check on Burcham’s driver’s license and vehicle registration. See Brigham, 382 F.3d at 511. Nothing in Rodriguez requires an officer to perform such checks; the Supreme Court merely recognized that the Fourth Amendment tolerated the checks as incident to an officer’s traffic mission. See Rodriguez, 135 S.Ct. at 1614-15.” Defendant validly consented to a search. United States v. Burcham, 2018 U.S. App. LEXIS 21 (5th Cir. Jan. 2, 2018).

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