M.D.Pa.: Driving from source city to NYC on a “super drug corridor” with a prior importation charge wasn’t RS

During the traffic stop, defendant was directed out of the car and back to the patrol car to facilitate issuing a warning. Defendant was from Douglas, AZ and had a prior drug importation arrest. This also led to his patdown. This became unreasonable under Rodriguez and there was no reasonable suspicion on the totality. United States v. Barrera, 2023 U.S. Dist. LEXIS 86573 (M.D. Pa. May 16, 2023)*:

The government presents the following indicators prior to the Rodriguez moment: heavy sun screening, two air fresheners, driving on a “super drug corridor,” a license plate from a border state, an “elevated and sustained level of nervousness,” travel from a source city (New York City), and Barrera’s two answers indicating he was having a blast partying by himself and that he just started in the solar industry. After returning to his patrol vehicle, Policichio checked for outstanding warrants and reviewed Barrera’s criminal history. The queries revealed that Barrera was from Douglas, Arizona, a border city, and that Barrera had a prior federal drug importation case. In the totality of the circumstances, reasonable suspicion did not exist.

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