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Asking defendant if he "had a moment" after he was walking back to his car at the end of the stop was not coercive and supported consent

By John Wesley Hall, Jr.

Asking defendant if he "had a moment" after he was walking back to his car at the end of the stop made the continuation of the stop consensual. United States v. Lopez-Rojo, 2008 U.S. Dist. LEXIS 42679 (D. Nev. May 29, 2008)*: The uncontroverted facts developed at this court's suppression hearings revealed that Lewis told Defendant he was receiving a warning, gave Defendant his driving documents, said goodbye, and shook Defendant's hand. Defendant then started walking back to his vehicle, but before he entered the vehicle, Lewis asked Defendant if he had a moment. In response, Defendant walked back to Lewis. Lewis asked Defendant whether he had illegal drugs or a large amount of cash in his vehicle. Defendant responded that he did not have any drugs in his vehicle, but he did have about $ 1000 cash...continue to full post

Full post as published by Fourth Amendment on June 04, 2008 (boomark / email).