{"id":39532,"date":"2019-09-06T06:24:57","date_gmt":"2019-09-06T11:24:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39532"},"modified":"2019-09-06T06:24:57","modified_gmt":"2019-09-06T11:24:57","slug":"ca10-no-occupant-having-a-dl-justified-extending-the-stop","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=39532","title":{"rendered":"CA10: No occupant having a DL justified extending the stop"},"content":{"rendered":"<p>Defendant was a passenger detained with the driver. Nobody had a DL, and that reasonably caused the extension of the stop. His argument reasonable suspicion didn\u2019t extend to him \u201ccannot support Gurule&#8217;s theory that he was unlawfully detained as a derivative consequence of the driver&#8217;s detention. None of the vehicle&#8217;s occupants possessed a valid driver&#8217;s license, and the efforts on the part of law enforcement to help locate a licensed driver cannot be characterized as unconstitutionally extending this traffic stop.\u201d <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/18\/18-4039.pdf\">United States v. Gurule<\/a>, 2019 U.S. App. LEXIS 26566 (10th Cir. July 11, 2019).<\/p>\n<p>Defendant lost on standing and the merits of a vehicle search. His motion to reopen the motion to suppress for additional evidence on standing gets him nowhere because he loses on the merits anyway. United States v. Andrews, 2019 U.S. Dist. LEXIS 149526 (D. Minn. Sept. 3, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was a passenger detained with the driver. Nobody had a DL, and that reasonably caused the extension of the stop. His argument reasonable suspicion didn\u2019t extend to him \u201ccannot support Gurule&#8217;s theory that he was unlawfully detained as a &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=39532\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[],"class_list":["post-39532","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39532","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=39532"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39532\/revisions"}],"predecessor-version":[{"id":39533,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39532\/revisions\/39533"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39532"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39532"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39532"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}