Voluntary encounter with police at gas station may morph into valid investigative detention with reasonable suspicion of criminal activity

SEARCH & SEIZURE United States v. Guerrero, No. 06-3123, ___ F.3d ___ (10th Cir. Jan. 2, 2007)(Kansas). Appeal of conviction for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). HELD: District court did not err by refusing to suppress drug evidence discovered in vehicle driven by defendant. Deputy had reasonable suspicion of criminal activity sufficient to justify investigative detention following initial voluntary encounter with defendant as gas station. Specifically, when taken together, following items were sufficient to give rise to reasonable suspicion of drug trafficking activity: (1) disparity in age and manner of dress between defendant and travel companion; (2) travel companion not seeming to know his purported uncle, the defendant; (3) single key on key ring; (4) defendant’s uncertain answer to question about car ownership; (5) differing accounts of travel plans; (6) defendant’s mispronunciation of girlfriend’s name while reading from vehicle registration document; and (7) fact that defendant indicated he and companion were in Kansas City for quick stop while companion indicated they were staying in Kansas City area. Read the opinion here. If you were a judge, how would you vote on this case? Free polls from Pollhost.com U.S. v. Guerrero, No. 06-3123 Concur Concur in Result Only Concur in Part / Dissent in Part Dissent