Refusal to consent to vehicle search does not negate other factors supporting reasonable suspicion for continued investigative detention

SEARCH & SEIZURE United States v. Williams, No. 04-7065, ___ F.3d ___ (10th Cir. Apr. 18, 2005)(E.D. Oklahoma). Appeal of district court’s denial of defendant’s motion to suppress drug and firearm evidence seized during traffic stop. HELD: Although defendant’s refusal to consent to search of vehicle may not augment factors supporting reasonable suspicion for continued detention, neither does it negate officer’s observations supporting reasonable suspicion made prior to refusal. Thus, despite defendant’s refusal to consent to search of vehicle, facts that defendant (1) appeared very nervous (i.e., hands shaking, voice cracking, chest heaving), (2) admitted he exited interstate highway to avoid traffic stop, and (3) gave inconsistent answers to questions about travel plans and relationship to passengers, all provided officer with particularized and objective basis for suspecting legal wrongdoing. With reasonable suspicion for continued detention established, canine sniff of exterior of vehicle provided sufficient probable cause for search. Read the opinion here.