Unlawful-stop Claim

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7^th Circuit Court of Appeals

Case Name: United States of America v. Arriba W. Lewis

Case No.: 17-3592

Officials: FLAUM, RIPPLE, and MANION, Circuit Judges.

Focus: Unlawful-stop Claim

Officer Sweeney pulled Arriba Lewis over for following too closely. Sweeney processed a warning while Lewis, who seemed unusually nervous, sat in the squad car. After learning Lewis was on federal supervised release for a cocaine conviction, Sweeney requested a drug‐ sniffing dog roughly 5 minutes into the stop. About 10 minutes and 50 seconds after Lewis pulled over, Sweeney handed him a warning. About 10 seconds later, a drug‐sniffing dog and its handler approached Lewis’s car. The dog alerted. Sweeney searched Lewis’s car and found heroin. Lewis was charged with possession with intent to distribute heroin. The district court denied his motion to suppress. He appeals, arguing the officer lacked lawful grounds to initiate the traffic stop and arguing the officer prolonged the stop without independent reasonable suspicion for the dog to sniff. But we disagree on both fronts, and affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.