Extension of Traffic Stop OK

U.S. v. Contreras, 2007 WL 3173964 (10/31/07)(Published) - This is the case with the opinion that the 10th had to withdraw because it assumed reasonable suspicion was all that was necessary to search a car. In the new opinion, the 10th finds a different way to rule against the defendant.

The 10th found there was reasonable suspicion to extend the traffic detention of the defendant where: the defendant was shaking so badly she couldn't hold her documents; her travel plans were problematic in that she said she drove 1200 miles from Nebraska to Las Vegas, Nev., to visit her family and turned around the next day to return to Nebraska; food wrappers from a California restaurant were in the car: and the car was a rental.

The 10th assumed the defendant was still detained when the officer said "You wouldn't mind opening your trunk real quick before I let you go?" But, the defendant's consent to search given after that question was voluntary, thus justifying the trunk search. The officer's casual phrasing, tone of voice, lack of show of force, the broad daylight and the defendant's repeated "okay"s showed the voluntariness. The scope of the consent to search the trunk included inspecting the spare tire in the trunk. Probable cause developed from the suspect tire.

When the defendant fled while under state indictment for the offense that was eventually charged in federal court she obstructed justice under USSG § 3C1.1 Her absence precluded the federal authorities from proceeding with their prosecution of her. This holding is consistent with six circuits' precedent and inconsistent with the 7th Circuit.