CA6: Ongoing traffic offense does not create right to an immediate stop

The officer waited four hours observing defendant’s vehicle license was expired to stop defendant, ostensibly because the officer was investigating another more serious crime. Neither the delay nor ulterior motive made the stop invalid because of the ongoing nature of the traffic violation, which is distinguished from discrete traffic offenses. United States v. Anderson, 458 Fed. Appx. 440, 2012 FED App. 0108N (6th Cir. 2012) (unpublished). [Opinion has numerous citations.]

To get a suppression hearing on a search warrant, the defendant has to make a showing that contested facts exist. Here, the record is devoid of anything showing who owned the van, and that was a lack of standing. Even if there was standing, there was probable cause. United States v. Harris, 2012 U.S. Dist. LEXIS 12976 (W.D. Ky. February 2, 2012):

While the defendant seeks to probe various statements in the affidavit, he has, in fact, not shown that any contested facts exist. Harris is not entitled to an evidentiary hearing in the absence of such a showing. “An evidentiary hearing is required ‘only if the motion is sufficiently definite, specific, detailed, and non-conjectural to enable the court to conclude that contested issues of fact going to the validity of the search are in question.’ United States v. Downs, No. 96-3862, 1999 WL 130786, at *3 (6th Cir. Jan. 19, 1999) (citing United States v. Unimex, Inc., 991 F.2d 546, 551 (9th Cir.1993)) (emphasis supplied).” US v. Abboud, 438 F.3d 554, 557 (6th Cir. 2006).