Defendant’s conscious refusal to submit to a DNA buccal swab sought by a search warrant could be argued as consciousness of guilt. Haas v. Commonwealth, 2019 Va. App. LEXIS 237 (Oct. 29. 2019).
The officer’s knowledge from nearly six months to as little as a month before the stop that defendant’s driver’s license was suspended was justification for the stop. United States v. Spence, 2019 U.S. Dist. LEXIS 18633 (W.D. Okla Oct. 28, 2019).*
During defendant’s stop, the officer concluded that defendant likely was under the influence of drugs. “Trooper Walker’s testimony provided specific facts as to why he reasonably suspected—almost immediately—that Defendant had committed a drug-related crime.” In addition to the driver’s license check, he also ran defendant through a prescription database that revealed no prescriptions in case that was the reason. That justified extending the stop. United States v. Fields, 2019 U.S. Dist. LEXIS 186298 (E.D. Ky. Oct. 2, 2019).*