Western District of Michigan

The defendant was charged with possession with intent to deliver cocaine and heroin. He argued, that after the purpose of the initial stop was completed, he was illegally detained for questioning.  At one point during the stop, the defendant was seated in the rear of the patrol car and answered questions from the trooper. 

The defendant filed a motion to suppress on the basis that he was detained long after the purpose of the initial stop had ended without any reasonable and articulable suspicion that criminal activity was afoot.  He contended that his consent to search and the evidence recovered from his vehicle must be suppressed as the fruit of an unlawful search and seizure.

The court denied the defendant's motion to suppress evidence seized during a warrantless search of the vehicle he was driving.  The court held that he was not "detained" during the four-minute conversation in the police car between when the trooper told him he was "good to go" and when he consented to a search of the vehicle. 

The court noted not every communication between a citizen and a police officer at the end of a traffic stop can be construed as a detention. The court further noted that the defendant was motioned into the patrol car during the traffic stop so he would be out of the cold while the trooper returned his paperwork and talked to him about following too closely.

Based on all the circumstances, the court concluded a reasonable person would have believed he was free to go. Further, the court concluded the police officer had the reasonable articulable suspicion of criminal activity required to extend the scope and duration of the traffic stop. Defendant was driving on a known "drug pipeline," he did not own the vehicle, he claimed he was on his way to a bachelor party on a Thursday night but did not know the wedding date, he exhibited "suspicious driving behavior," and there was an unusually strong odor of air fresheners in the vehicle.

The court denied the defendant’s motion to suppress. 

United States v. Rodriguez, case no. 1:09-CR-372, decided March 15, 2010.