Random computer check that showed defendant’s vehicle uninsured justified stop

A random license check on a vehicle that showed that defendant’s vehicle was uninsured justified his stop. Snedeker v. Rolfe, 2007 UT App 395, 176 P.3d 444, 593 Utah Adv. Rep. 31 (2007).

Delay of nearly 30 minutes while officer awaited arrival of a back up officer for investigation of defendant’s DWI stop was not unreasonable. Belcher v. State, 244 S.W.3d 531 (Tex. App. — Ft. Worth 2007):

Balancing the public interest served with Belcher’s Fourth Amendment right to be free from arbitrary detentions and intrusions, as we must, and giving almost total deference to the trial court’s historical fact findings, as we must, and viewing all of the evidence in the light most favorable to the trial court’s ruling, as we must, we cannot conclude as a matter of Fourth Amendment law that, given the totality of the circumstances–including Officer Willenbrock’s close monitoring of Officer Martin’s whereabouts and estimated time of arrival at the scene and the legitimate law enforcement purposes served by waiting for Officer Martin–the continued detention of Belcher, while awaiting Officer Martin’s arrival, was unreasonable. See Sharpe, 470 U.S. at 679, 105 S. Ct. at 1575; … see also Hartman, 144 S.W.3d at 570 (five-to fifteen-minute delay to await arrival of video camera); Smith, 2007 WL 700834, at *4 (twenty-six minute delay to await arrival of rookie officer); Dickson, 2006 WL 3523789, at *4 (twenty-minute delay to await arrival of DWI enforcement officer).

Habeas petitioner used § 2241 v. § 2254, but he did not exhaust before the state courts, and the rules are no different under the former. No COA would issue. Corbin v. Attorney General of N.J., 2007 U.S. Dist. LEXIS 93574 (D. N.J. December 19, 2007).*