OK: Officer’s excuse for extending the stop was pretext and violated Rodriguez

The officer’s claim that defendant’s log book wasn’t up to date was a mere pretext and subterfuge to unreasonably continue the stop in violation of Rodriguez. State v. Morgan, 2019 OK CR 26, 2019 Okla. Crim. App. LEXIS 26 (Oct. 17, 2019).

Defendant made admissions in jail calls that any evidence would be on his old cell phone. Police then got a search warrant for the cell phone. The fact the content of the calls wasn’t repeated verbatim wasn’t a Franks violation. United States v. Zulawski, 2019 U.S. Dist. LEXIS 182167 (E.D. Ky. Oct. 15, 2019).*

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