Search and Seizure — length of detention

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United States Court of Appeals For the Seventh Circuit

Criminal

Search and Seizure — length of detention

It was not unreasonable to continue to detain a motorist for ten minutes after issuing him a warning citation, where the vehicle was loaded with boxes.

“We acknowledge that each of these independent facts has an innocent explanation. Money, clothing, and other items are regularly sent from the United States to Mexico. And almost every major city can be described as a destination or source for contraband. Nevertheless, our inquiry requires us to consider the totality of the circumstances, and ‘behavior which is susceptible to an innocent explanation when isolated from its context may still give rise to reasonable suspicion when considered in light of all of the factors at play.’ United States v. Baskin, 401 F.3d 788, 793 (7th Cir. 2005). When viewed in combination, the demeanors of Bueno and Flores, the unknown contents and origins of the packages, their destination, and the way in which they were being transported—by a transportation ‘business’ that lacked any trappings of a legitimate business—gave rise to a reasonable suspicion of criminal activity that justified Trooper Owen’s brief prolongation of the stop to investigate. And we note that the additional investigation was brief: Trooper Owen’s questions were focused on obtaining information regarding the shipping papers and contents of the packages, and Flores consented to the search of the van within minutes, leading to the positive dog alert.”

Affirmed.

11-2532 & 11-2877 U.S. v. Bueno

Appeals from the United States District Court for the Northern District of Illinois, Hibbler, J., Bauer, J.