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Graham v. State2/2/1998
med the United States District Court for the Northern District of Ohio which had convicted the defendants for the constructive possession of drugs and related weapons offenses. United States v. Critton, et al., 43 F.3d 1089 (6th Cir. 1995). Noteworthy to our discussion herein is the court's observation that, in that case, the K-9 unit arrived just a few minutes after the traffic stop for driving 75 miles per hour in a 65 miles-per-hour zone, whereupon the trooper had observed a folding knife on the vehicle console and the driver had also informed him that he had a knife - an illegal knife/brass knuckles combination - in his pants pocket, as well as a crack pipe in his sock. In addition to focusing on the brevity of the detention prior to the arrival of the K-9 unit, the court also emphasized that the criminal activity for which there was an articulable reasonable suspicion involved, unlike the case at bar, all of the occupants in the vehicle.
In United States v. Haskins and Phillips, 773 F.Supp. 965 (E.D. Tex. 1991), the United States District Court for the Eastern District of Texas determined that a seven minute detention prior to the execution of a consent search form was reasonable in a case in which a pack of "Zig Zag" brand cigarette rolling papers had fallen out of the driver's purse when she was producing her driver's license. While the District Court noted the anxiety of the defendants, the inconsistency between the stories of the passenger and the driver and the extreme anxiety of the passenger, it was the court's determination that a seven-minute detention under the circumstances was brief and therefore comported with the reasonableness requirement of a Fourth Amendment intrusion.
Emphasizing the non-intrusiveness and brevity of the investigatory stop under consideration, the United States District Court for the Northern District of Illinois upheld the conviction for possession of a controlled dangerous substance with intent to deliver in a case in which drug enforcement agents conducted a five-minute interview of a passenger en route from Florida, during which interview the passenger gave permission to search his bag. United States v. Bostick, 843 F.Supp. 1240 (N.D. Ill. 1994). There, the court ultimately determined that no seizure of the person within the meaning of the Fourth Amendment ever occurred because the interview was, in fact, consensual and the corresponding detention of the luggage to allow the drug-detection dog to scan it for the presence of drugs was brief. Alternatively, the court held that petitioner had abandoned his luggage, thereby obviating any consideration as to the reasonableness of the "manner or time of this detention."
In a case in which the traffic officer had stopped a vehicle which he had observed make a "rolling stop" and a large amount of cocaine, a firearm, and a box of ammunition had been recovered as a result of a search purportedly based on the defendant's consent, the United States District Court for the Eastern District of Texas held that the consent was invalid and that there had been no probable cause for the search, nor was the intrusion a valid inventory search. United States v. Doe, 801 F.Supp. 1562 (E.D. Tex. 1992). In so holding, the court opined: As the Supreme Court and lower courts have often articulated, the time limitations of a Terry stop depend on the facts of a given situation, including the level of an officer's suspicions and the actions of both the officer and suspects. They are not subject to a bright line time- limit . United States v. Sharpe, 470 U.S. 675, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985). . . .
A traffic stop cannot become a convenient occasion for an officer to delay the travels of an ordinary mo
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