D.S.C.: Byrd on standing in a rental car not retroactively applied to search 7 months before

The officer was diligently pursuing the traffic stop albeit with a mixed motive about defendant being a drug suspect. Under Whren, this was reasonable. Byrd was decided seven months after the stop. Under pre-Byrd law, defendant had no standing, and the good faith exception would be applied. United States v. Grayon, 2019 U.S. Dist. LEXIS 53725 (D.S.C. Mar. 29, 2019):

While Officer Clemens’s actions may have been motivated in part by the narcotics investigation and not the traffic violations, the Supreme Court has “foreclose[d] any argument that the constitutional reasonableness of traffic stops depends on the actual motivations of the individual officers involved.” Whren, 517 U.S. at 813. Whether Officer Clemens has reasonable suspicion or probable cause, based on the CI’s information and the narcotics investigation, to go on and conduct the search of the car is an issue separate from whether the stop was impermissibly extended, and as discussed below, is an issue on which Grayon does not have standing to contest. Therefore, the court finds that the stop was not impermissibly extended.