E.D.Tenn.: Stop was valid, but it was unreasonably extended in violation of Rodriguez

Defendant was validly stopped for a suspected traffic violation and the officer couldn’t see the state on the temporary tag. Once he stopped the car he could see it. Still, the officer could inform the motorist of the reason for the stop, and all that was within the basis of the original stop. Thereafter, the stop is determined from that point, and the officer delayed the stop in violation of Rodriguez. The good faith exception does not apply. All the government did was cite it and not how it would apply. The court doesn’t see it. United States v. Lujan, 2018 U.S. Dist. LEXIS 132668 (E.D. Tenn. June 15, 2018),* adopted 2018 U.S. Dist. LEXIS 132229 (E.D. Tenn. Aug. 7, 2018).*

Defendant left the motel he was staying at when the police came and searched it by consent of the cotenant. The question isn’t his standing; it’s because the cotenant consented. He’s not being penalized for not being present to object under Randolph. United States v. Keene, 2018 U.S. Dist. LEXIS 130342 (N.D. Okla. Aug. 3, 2018).*

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