Officer’s questions about contraband asked while processing traffic citation did not appreciably lengthen stop and therefore was reasonable
SEARCH & SEIZURE United States v. Valenzuela, No. 06-1222, ___F.3d ___ (10th Cir. July 12, 2007)(Colorado). Appeal of conviction and sentence for possession of unregistered sawed-off shotgun in violation of 26 U.S.C. § 5861. HELD: (1) Several second drift of defendant’s vehicle into lane of oncoming traffic provided police officer with sufficient reasonable suspicion of violation of Colorado traffic code to justify stop. (2) Officer’s questions about presence of illegal items in car as well as request for consent to search, asked while officer was processing traffic violation citation, did not appreciably lengthen duration of stop and therefore was not unreasonable. Read the opinion here. |
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