N.D.Miss.: Consent during pretext traffic stop was suppressed

Defendant was stopped via a traffic offense that was completely ignored to focus on a drug investigation. Within two minutes they had consent, and it was found not voluntary. United States v. King, 2012 U.S. Dist. LEXIS 76988 (N.D. Miss. June 4, 2012):

The government argues that the defendant’s consent to search is valid because it was given within two minutes of the traffic stop. In looking at the surrounding circumstances, however, it appears that consent was not voluntarily given. As Agent Force requested, Hutchins attempted to make the stop appear normal. Yet, the record shows that the officers were not interested in any alleged traffic violation when they stopped King. They knew the defendant was a suspect in an ongoing drug investigation and the officers acted in furtherance of that investigation when they stopped the defendant. While Hutchins claims King could have left prior to the search, at no time did he or any of the other officers tell the defendant he was free to leave or that he had a right to refuse consent. Hutchins, two police officers, and a K-9 dog were present when King consented to the search. The defendant complied with the officer’s requests and told them where money was located inside his truck. Though the defendant was allegedly stopped for violating traffic laws, none of the officers issued a citation prior to asking to search the vehicle. Instead, they held the defendant at the traffic stop without advising him that he was suspected of criminal activity. Looking at these factors, it appears King’s consent was not the product of an essentially free and unconstrained choice. An objectively reasonable person in the defendant’s position would not have felt free to leave the scene or refuse consent.