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Court upholds suppression based on Rodriguez

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Clark, 17-2739 the Court of Appeals held a traffic stop was impermissibly extended in violation of the Supreme Court's holding in Rodriguez v. United States, 135 S.Ct. 1609 (2015).In Clark the defendant was a passenger in a vehicle pulled over for several traffic violations, including driving without headlights at night.  The driver was using his mother's vehicle, who was not present.  The officer ran typical computer checks and determined the driver had several prior convictions for drug offenses.  The officer asked the driver questions about his criminal history, his whereabouts that evening, and to whom the vehicle was registered and where.  Although the driver could not find the registration card, he had his mother on the phone who, along with the driver, were trying to answer the officer's questions...continue to full post

Full post as published by Third Circuit Blog on August 31, 2018 (boomark / email).