A Gamble that Didn't Pay Off: Detention Following Traffic Stop Justified by Reasonable Suspicion

US v. Thao, No. 07-8066, no WL citation yet (August 7, 2008) (unpublished):

State trooper stopped out of state SUV for allegedly going 79 mph in a 75 mph zone. Trooper had reasonable suspicion for continued detention based on: (1) defendants claimed they had gone from Minneapolis to Reno for a quick gambling trip, but there were 500-700 unaccounted for miles; (2) the driver, Lor, was not authorized to drive the vehicle; (3) the SUV was rented by a third party who was not present on the trip; (4) the defendants said this third party lived in Minnesota, but documents indicated he was from Wisconsin; (5) unusual and increasing nervousness; (6) inconsistent stories about visiting family and friends in Reno, vis-a-vis gambling; and (7) a lack of luggage (there was a laundry basket full of clothes). The COA held that, collectively, these facts justified detaining the defendants until they consented to a search of the vehicle, which led to the discovery of the meth. The search to consent to voluntary and, despite defendants' claim that one of them tried to stop the search, district court found otherwise based on several troopers' testimony.