{"id":51235,"date":"2022-01-24T07:36:21","date_gmt":"2022-01-24T12:36:21","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51235"},"modified":"2022-01-24T07:40:17","modified_gmt":"2022-01-24T12:40:17","slug":"ca7-record-supported-finding-that-stop-not-unreasonably-extended","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51235","title":{"rendered":"CA7: Record supported finding that stop was not unreasonably extended"},"content":{"rendered":"\n

Whether a traffic stop was unreasonably extended for a drug dog to arrive is reviewed for clear error. The stop here was for overtinting, and the officer processed a warning by entering the information into the patrol car\u2019s computer. He texted the drug dog officer to hurry who got there before the stop was completed. The district court\u2019s finding that Rodriguez was complied with is supported by the record. The finding the stop was not unreasonably extended is affirmed. United States v. Goodwill<\/a>, 2022 U.S. App. LEXIS 1844 (7th Cir. Jan. 21, 2022).<\/p>\n\n\n\n

Defense counsel was not ineffective for not further challenging defendant\u2019s DNA seizure based on a CODIS hit. Defendant can\u2019t show that the officer was lying based on a discrepancy of dates on reports (when all this started on Christmas Eve and the reports were completed after). Wallace v. Tice, 2022 U.S. Dist. LEXIS 11770 (M.D.Pa. Jan. 21, 2022).*<\/p>\n\n\n\n

The jury found for plaintiff on his false arrest claim. The district court set it aside. There was no actual probable cause, but there was arguable probable cause, and that grants the officer qualified immunity. Triolo v. Nassau County<\/a>, 2022 U.S. App. LEXIS 1786 (2d Cir. Jan. 21, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Whether a traffic stop was unreasonably extended for a drug dog to arrive is reviewed for clear error. The stop here was for overtinting, and the officer processed a warning by entering the information into the patrol car\u2019s computer. He … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,57,23,63,96],"tags":[],"class_list":["post-51235","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-dna","category-ineffective-assistance","category-reasonableness","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51235","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=51235"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51235\/revisions"}],"predecessor-version":[{"id":51238,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51235\/revisions\/51238"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51235"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51235"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51235"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}