D.Utah: Travel at night, nervousness, travel plans, cash on person here not RS

The government “points to four circumstances as the basis for an independent reasonable, articulable suspicion to extend the stop for the K-9 deployment: (1) the time of night and location of Mr. Melendez’s vehicle; (2) Mr. Melendez’s nervousness; (3) Mr. Melendez’s travel plans, and (4) the cash found on Mr. Melendez’s person. These circumstances, considered in the totality of the circumstances of the stop, are not sufficient.” “While Deputy Warren’s initial investigative stop of Mr. Melendez was lawful, the purpose of that stop was complete when the NCIC report came back from dispatch. Because the NCIC report came back from dispatch before the K-9 was deployed, Deputy Warren’s decision deploy the K-9 extended the investigatory stop beyond its initial basis.” United States v. Melendez, 2022 U.S. Dist. LEXIS 47368 (D.Utah Mar. 16, 2022).*

The protective sweep here was reasonable and factually justified. United States v. Fischer, 2022 U.S. Dist. LEXIS 47335 (D.Idaho Mar. 14, 2022).*

Government’s fifth motion to keep search warrant records under seal granted. Redaction alone not helpful. In re Seized United States Currency, 2022 U.S. Dist. LEXIS 47620 (D.S.C. Mar. 15, 2022).*

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