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04-3496 U.S. v. Martin

By: dmc-admin//September 13, 2005//

04-3496 U.S. v. Martin

By: dmc-admin//September 13, 2005//

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“Here, failure to produce a valid driver’s license necessitated additional questioning while the trooper ascertained whether or not Mr. Martin was a licensed driver. While questioning Mr. Martin about his driver’s license, Trooper Wood learned that the car was rented but that Mr. Martin did not possess the rental agreement. The questions were routine and part of a reasonable law-enforcement inquiry under the circumstances. The information supplied by Mr. Martin necessitated additional investigation and justified a lengthier stop to determine whether Mr. Martin was licensed and whether the vehicle was rented. While conducting his investigation, Trooper Wood received conflicting statements about Mr. Martin’s origin and destination. The inconsistencies justified calling Trooper Hornbrook for backup and requesting a criminal check on Mr. Martin, an investigative step that revealed several prior arrests on various charges. Before Trooper Wood completed his reasonable investigation, Trooper Hornbrook arrived and informed Trooper Wood that Mr. Martin’s name had surfaced in intelligence reports concerning drug trafficking between Chicago and Vincennes. Additionally, Fairley offered vague and evasive answers when questioned by Trooper Hornbrook, and Trooper Wood verified that Mr. Martin was not authorized to drive the vehicle.

“In light of the developing information, it was not unreasonable for Trooper Wood to suspect that Mr. Martin was trafficking narcotics. Nor was it unreasonable to detain Mr. Martin long enough for the canine unit to arrive and confirm or deny the troopers’ suspicions. See United States v. Rogers, 387 F.3d 925, 934 n.9 (7th Cir. 2004). The drugsniffing investigation began approximately twenty minutes after Deputy Dewig and the drug detection dog were summoned. Given the early time of morning, we cannot say that the officers’ response time made the stop unreasonable. There was no unreasonable delay waiting for backup and the canine unit. At each stage of the investigation, the additional information obtained justified additional investigation. Once the drug dog alerted to the presence of drugs, the trooper had probable cause to search the car. See id.”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, Young, J., Ripple, J.

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