Stop Based on "Tandem Driving" OK'd

United States v. Rodriguez-Rodriguez, ___ F.3d ___, 2008 WL 5340311 (10th Cir. 2008)


Sufficient evidence of tandem driving to give probable cause to stop and detain tandem driver. By two car lengths, Defendant was preceding the truck where drugs were discovered; both driving along a lightly traveled New Mexico road at 4:30 in the morning; both had California plates; and, both were traveling 5 mph below the limit. The truck behind rode low. The cop followed, and at one point Defendant pulled into another lane to take a look at the cop’s vehicle. Because the load truck lacked a light over the license plate in violation of New Mexico law, the cop stopped it. Defendant sped up and away. Cop radioed for someone to stop Defendant’s vehicle. Cop smelled and saw pot in load vehicle, and radioed this information too. An intermediary cop radioed this to cop who stopped Defendant, got Defendant’s permission to search his vehicle, and found evidence linking it to the load vehicle. Defendant later admitted transporting pot with the load truck. The relaying of info thorough 2 cops was OK. The key fact in finding tandem driving was how close the two vehicles were traveling. The COA compared this case with Zamudio-Carillo and Valenzuela.