Stop in a high crime area justified a seven minute wait for backup to arrive before the officer completed the stop. \u201c When Defendants pulled over, they parked in an apartment complex Officer Cruz knew to be frequently the location for violent crime and had a gang presence. Once Defendants pulled over, Officer Cruz promptly called for backup, which arrived roughly seven minutes later. This delay was constitutionally tolerable because it was a \u2018negligibly burdensome precaution\u2019 related to the mission of the traffic stop. See Rodriguez, 135 S. Ct. at 1616.\u201d United States v. Portillo-Saravia, 2019 U.S. Dist. LEXIS 79252 (S.D. Tex. May 10, 2019).<\/p>\n
The court finds the officer\u2019s credibility lacking on the basis for the stop, and it was without reasonable suspicion, and the exclusionary rule should apply. The driver of a rental car who didn\u2019t have a driver\u2019s license still had standing to challenge the search. United States v. Shine, 2019 U.S. Dist. LEXIS 78723 (W.D. N.Y. May 10, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Stop in a high crime area justified a seven minute wait for backup to arrive before the officer completed the stop. \u201c When Defendants pulled over, they parked in an apartment complex Officer Cruz knew to be frequently the location … Continue reading