D.S.D.: Def’s delay on his own paperwork extended the stop

The stop was reasonably extended by the passenger’s not providing paperwork timely and in giving apparently false information. United States v. Wise, 2022 U.S. Dist. LEXIS 65558 (D.S.D. Apr. 8, 2022).*

There was reasonable suspicion for defendant’s stop. “The totality of the circumstances—Defendant’s odd and evasive behavior, the visible bulge in Defendant’s waistband, and Defendant’s unprovoked flight over a fence and into the backyard of a private residence he could not access—gave the police a reasonable basis to stop Defendant.” State v. Riles, 2022 La. App. LEXIS 538 (La. App. 4 Cir. Mar. 30, 2022).*

“Based on the totality of the circumstances, the Court found that Defendant voluntarily consented to the search of his wallet. It is undisputed that Defendant consented to the search of the vehicle. In the same way and immediately thereafter, Defendant handed over his wallet to Deputy Camacho. To be sure, Deputy Camacho’s choice of words—‘let me see it for a moment’—and Defendant’s lack of a verbal response does not vitiate the voluntariness of the consent.” United States v. Tellez, 2022 U.S. Dist. LEXIS 65617 (E.D.Tenn. Apr. 8, 2022).*

This entry was posted in Reasonable suspicion, Reasonableness, Voluntariness. Bookmark the permalink.

Comments are closed.