Thirteen minute roadside detention for traffic violation is reasonable; suppression of drug evidence discovered during stop is not required

SEARCH & SEIZURE United States v. Patterson, No. 05-6386, ___ F.3d ___ (10th Cir. Dec. 27, 2006)(W.D. Oklahoma). Appeal of conviction and sentence for possession with intent to distribute cocaine and traveling in interstate commerce with intent to further drug trafficking enterprise in violation of 18 U.S.C. §§ 1952(a)(3) & 2 and 21 U.S.C. § 841(a)(1). HELD: District court properly denied defendant’s motion to suppress drug evidence seized as result of traffic stop. Highway patrol troopers did not extend scope of roadside detention beyond that necessary to complete initial purpose of stop for speeding until after drug dog alerted on defendant’s vehicle. Thirteen minute detention for traffic violation itself was reasonable because troopers acted diligently to complete issuance of warning citation. Specifically, during thirteen minute stop, trooper walked back and forth from patrol vehicle to defendant’s van twice, spoke with defendant and passenger about travel plans, inspected defendant’s license, registration, and insurance documents, contacted dispatch, waited for results of warrant and registration check, filled in warning citation, and explained warning to defendant. Read the opinion here.