N.D.Ind.: Officer’s having to radio in information for wants and warrants check didn’t unreasonably extend stop

The officer observed defendant swerve over the double yellow line and made a stop to issue a warning. A dog was called and arrived in ten minutes. The stop took longer than normal because the officer had to go “old school” and radio in information and get a response. “He then had to handwrite the warning-something he had begun but could not complete because, by the time the canine alerted, dispatch had not yet confirmed the driver’s information. There is nothing unusual or unreasonable about the approximate ten minutes that passed-particularly so when Trooper Drudge still needed to hear from dispatch to complete his mission. … That is sufficient basis alone to deny this motion.” United States v. Williams, 2021 U.S. Dist. LEXIS 31187 (N.D. Ind. Feb. 19, 2021).

The court disagrees with the USMJ’s conclusion there was no reasonable suspicion on the totality to continue the stop of defendant with no DL. Motion to suppress denied. United States v. Taylor, 2021 U.S. Dist. LEXIS 31128 (D. Nev. Feb. 18, 2021).*

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