Fourth Amendment WIN; traffic stop impermissibly extended

United States v. Frazier, No. 20-4131, __ F.4th___, 2022 WL 1099362 (10th Cir. Apr. 13, 2022) Upon stopping car, Trooper only notices Mr. Frazier has a duffle bag, an air freshener bottle, and partially unrolled window. After securing traditional documents from driver, he learns the car is a rental but Mr. Frazier can’t immediately find the rental agreement but is looking for the rental company info and/or the agreement on his phone. The Trooper asks Mr. Frazier questions as he’s concentrating on a phone and it takes a bit for Mr. Frazier to switch gears and answer the trooper. Mr. Frazier has two legitimate IDs, one from Iowa and one from Missouri. Trooper goes back to his patrol car and immediately requests a dog sniff; as the dog handler is not immediately responsive this takes a bit. Then the Trooper starts to write the ticket, then he thinks to ask dispatch if driver has priors, then he searches DEASIL (traces license plates around the country). The Court held this impermissibly extended the stop. The duffle bag, air freshener bottle, partially unrolled window, the fact that the car is a rental, and Mr. Frazier does not immediately answer questions do not equal reasonable suspicion of drug trafficking so that dog sniff would be ok. There are lots of good gems in this opinion, so it is highly recommended.