S.D.Tex.: Stop in a high crime area justified a 7 minute wait for backup to arrive before the officer completed the stop

Stop in a high crime area justified a seven minute wait for backup to arrive before the officer completed the stop. “ When Defendants pulled over, they parked in an apartment complex Officer Cruz knew to be frequently the location for violent crime and had a gang presence. Once Defendants pulled over, Officer Cruz promptly called for backup, which arrived roughly seven minutes later. This delay was constitutionally tolerable because it was a ‘negligibly burdensome precaution’ related to the mission of the traffic stop. See Rodriguez, 135 S. Ct. at 1616.” United States v. Portillo-Saravia, 2019 U.S. Dist. LEXIS 79252 (S.D. Tex. May 10, 2019).

The court finds the officer’s credibility lacking on the basis for the stop, and it was without reasonable suspicion, and the exclusionary rule should apply. The driver of a rental car who didn’t have a driver’s license still had standing to challenge the search. United States v. Shine, 2019 U.S. Dist. LEXIS 78723 (W.D. N.Y. May 10, 2019).*

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