“This case presents what appears to be an issue of first impression: Whether, following Rodriguez and Landeros, an officer who has reasonable suspicion that the driver of a vehicle has committed an arrestable offense (as opposed to a traffic infraction) may prolong a stop for a reasonable amount of time to inquire into the identity of a passenger absent independent reasonable suspicion that the passenger has committed a criminal offense. As discussed below, the Court answers this question in the affirmative. Specifically, the Court holds that where there is reasonable suspicion that the driver of a vehicle has engaged in an arrestable offense, determining whether the vehicle can be turned over to a passenger becomes part of the mission of the stop, and the officer may thus prolong the stop for a reasonable period of time to inquire into the passenger’s identity. Accordingly, in the present case, the officer’s prolonging the stop for less than 40 seconds to inquire into the identity of the passenger—Donald Jay—did not run afoul the Fourth Amendment.” United States v. Jay, 2021 U.S. Dist. LEXIS 119282 (D. Idaho June 24, 2021).
Defendant’s 2255’s Fourth Amendment IAC claim fails to show either standing or a lack of probable cause for the search. United States v. Perry, 2021 U.S. Dist. LEXIS 118732 (D. Minn. June 23, 2021).*
Defendant’s motion for a new trial based on Carpenter decided after his trial is denied. United States v. Smith, 2021 U.S. Dist. LEXIS 119153 (E.D. N.Y. June 25, 2021).*