D.N.M.: Eight day delay in executing SW for ongoing drug trafficking operation wasn’t stale

Defendant’s prior admission in the proceedings that an omission from the affidavit for a state search warrant was just negligent served to now deny a Franks challenge. Waiting eight days to serve the warrant did not make it stale either under Rule 41 or state law or the Fourth Amendment. He was accused of ongoing drug trafficking from his residence, and that overcomes staleness. United States v. Johnson, 2020 U.S. Dist. LEXIS 43081 (D.N.M. Mar. 12, 2020).

Defendant conceded that an officer had reasonable suspicion to pull him over, so the initial traffic stop was legal under the Fourth Amendment. As part of the traffic stop, the officer could examine the driver’s licenses of the vehicle’s occupants and check for any outstanding warrants, ask the driver about the purpose and destination of their journey, and ask questions to the passengers to verify the driver’s statements. Thus, these questions were reasonable. Extension of the stop for a dog sniff was justified because the officer’s interactions with the three men provided reasonable suspicion for a narcotics investigation. United States v. Smith, 2020 U.S. App. LEXIS 7957 (5th Cir. Mar. 12, 2020).*