Go offline with the Player FM app!
Messy Vehicle Interior Doesn't Justify Extended Police Traffic Stop and K9 Search.
Manage episode 378115915 series 3389815
Mr. Luis Alfonso Leon was stopped by law enforcement after he was observed illegally driving in a passing lane. During the traffic stop, the officer began to suspect Mr. Leon was trafficking drugs. A search of his vehicle uncovered seventy-six pounds of methamphetamine, and Mr. Leon was charged with one count of possessing methamphetamine with intent to distribute. Following a failed motion to suppress, he pled guilty and was sentenced to seventy months’ imprisonment. On appeal, Mr. Leon challenges the denial of his suppression motion, arguing that the officer lacked reasonable suspicion to extend the stop and investigate the suspected drug trafficking. We agree and therefore reverse.
Takeaways:
1. the fact that the defendant was coming from Phoenix when he was stopped near Denver did not provide reasonable suspicion for prolonging the traffic stop;
2. The defendant‘s travel plans of driving from Denver to pick up religious books and perhaps stay for an event were not so implausible as to provide reasonable suspicion for prolonging traffic stop;
3. The condition of the vehicle's interior did not provide reasonable suspicion of criminal activity;
4. The defendant's alleged nervousness during the traffic stop was not extreme and bore negligible weight in determining whether the trooper had reasonable suspicion for prolonging traffic stop; and
5. The trooper's belief that the defendant was traveling in a third-party vehicle did not provide reasonable suspicion.
Full case here: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110916595.pdf
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...
107 episodes
Manage episode 378115915 series 3389815
Mr. Luis Alfonso Leon was stopped by law enforcement after he was observed illegally driving in a passing lane. During the traffic stop, the officer began to suspect Mr. Leon was trafficking drugs. A search of his vehicle uncovered seventy-six pounds of methamphetamine, and Mr. Leon was charged with one count of possessing methamphetamine with intent to distribute. Following a failed motion to suppress, he pled guilty and was sentenced to seventy months’ imprisonment. On appeal, Mr. Leon challenges the denial of his suppression motion, arguing that the officer lacked reasonable suspicion to extend the stop and investigate the suspected drug trafficking. We agree and therefore reverse.
Takeaways:
1. the fact that the defendant was coming from Phoenix when he was stopped near Denver did not provide reasonable suspicion for prolonging the traffic stop;
2. The defendant‘s travel plans of driving from Denver to pick up religious books and perhaps stay for an event were not so implausible as to provide reasonable suspicion for prolonging traffic stop;
3. The condition of the vehicle's interior did not provide reasonable suspicion of criminal activity;
4. The defendant's alleged nervousness during the traffic stop was not extreme and bore negligible weight in determining whether the trooper had reasonable suspicion for prolonging traffic stop; and
5. The trooper's belief that the defendant was traveling in a third-party vehicle did not provide reasonable suspicion.
Full case here: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110916595.pdf
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...
107 episodes
All episodes
×Welcome to Player FM!
Player FM is scanning the web for high-quality podcasts for you to enjoy right now. It's the best podcast app and works on Android, iPhone, and the web. Signup to sync subscriptions across devices.