{"id":63218,"date":"2026-02-18T00:30:00","date_gmt":"2026-02-18T05:30:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63218"},"modified":"2026-02-18T00:30:57","modified_gmt":"2026-02-18T05:30:57","slug":"d-conn-officers-muting-microphones-to-discuss-extending-stop-helped-show-rodriguez-violation","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63218","title":{"rendered":"D.Conn.: Officers muting microphones to discuss extending stop helped show Rodriguez violation"},"content":{"rendered":"\n<p>The stop was justified, but the stop was unreasonably extended for the drug dog that didn\u2019t alert. Then the officers muted their microphones for 40 seconds before a search of defendant\u2019s person. \u201cThe officers&#8217; choice to spend several minutes on off-microphone discussions after completing all traffic-related tasks embodies the type of \u2018bonus time to pursue an unrelated criminal investigation\u2019 that must be scrutinized under Rodriguez.\u201d United States v. Gray, 2026 U.S. Dist. LEXIS 30918 (D. Conn. Feb. 15, 2026).<\/p>\n\n\n\n<p>The search here was supported by plain view and smell of alcohol. Widgeon v. Commonwealth, 2026 Va. App. LEXIS 103 (Feb. 17, 2026).*<\/p>\n\n\n\n<p>Under state law, an unmade motion to suppress would have to clearly have succeeded to be ineffective assistance of counsel for not making it. Here, it would have failed on the merits because there was nexus. Chapple v. State, 2026 Ga. LEXIS 55 (Feb. 17, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The stop was justified, but the stop was unreasonably extended for the drug dog that didn\u2019t alert. Then the officers muted their microphones for 40 seconds before a search of defendant\u2019s person. \u201cThe officers&#8217; choice to spend several minutes on &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63218\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[23,51,35],"tags":[],"class_list":["post-63218","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63218","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=63218"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63218\/revisions"}],"predecessor-version":[{"id":63219,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63218\/revisions\/63219"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63218"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63218"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}