United States v. David Callison
2 F.4th 1128
8th Cir.2021Background
- At night Officer Kilgore followed a car with a broken license-plate light, boxed it in after it pulled into a residential driveway, and confirmed the plate light was not working (Iowa Code §321.388).
- Occupants: Rios (driver), Shannon (front passenger), Callison (rear passenger). Kilgore requested license/registration/insurance; Rios had a valid license and registration but could not immediately produce proof of insurance.
- About five minutes into the stop Kilgore began asking travel-related questions while Rios continued searching for insurance; inconsistent answers emerged about why they were stopped and whom they were dropping off.
- Around six minutes in Kilgore asked whether there was anything illegal in the car; he called for backup, ordered occupants out, and Shannon dropped a cigarette pack containing methamphetamine. A vehicle search and later a home search produced additional drugs and paraphernalia.
- Callison moved to suppress vehicle and subsequent-home evidence as fruit of an unlawful extension of the traffic stop; the district court granted suppression. The government appealed. The Eighth Circuit reversed, vacating the suppression order and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer unlawfully extended the stop when he began asking travel-related questions ~5 minutes in | Callison: questions converted the stop into an investigative detention requiring reasonable suspicion; extension occurred ~5 minutes in | Government: Rios was still searching for insurance, so the officer was still handling the traffic matter and did not extend the stop | The court: no unlawful extension; initial travel questions occurred while officer was still "handling the matter" (insurance/ticketing) |
| Whether officer had reasonable suspicion to prolong the stop ~6 minutes in (when asked about illegal items) | Callison: officers lacked specific, articulable facts to suspect other criminality; continued detention unconstitutional | Government: facts (nighttime driveway stop, nervousness/avoidance, no known address, inconsistent answers) supplied reasonable suspicion | The court: reasonable suspicion existed by ~6 minutes; extension lawful |
| Whether suppression of drug evidence was warranted as fruit of unlawful seizure | Callison: evidence derived from an unconstitutional extension, so suppression required | Government: search and seizure followed a lawful extension based on reasonable suspicion; evidence admissible | The court: vacated suppression order and remanded for further proceedings consistent with its holdings |
Key Cases Cited
- Rodriguez v. United States, 575 U.S. 348 (2015) (traffic stop cannot be prolonged beyond time to handle mission without reasonable suspicion)
- Illinois v. Caballes, 543 U.S. 405 (2005) (dog sniff during lawful stop does not violate Fourth Amendment if it does not extend the stop)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion standard for brief investigative stops)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (reasonable-suspicion framework in stop-and-frisk context)
- Reid v. Georgia, 448 U.S. 438 (1980) (actions characteristic of many innocent travelers do not establish reasonable suspicion)
- United States v. Jones, 275 F.3d 673 (8th Cir. 2001) (any traffic violation supplies probable cause to stop)
- United States v. Murillo-Salgado, 854 F.3d 407 (8th Cir. 2017) (indirect/incomplete answers can contribute to reasonable suspicion)
- United States v. Walker, 555 F.3d 716 (8th Cir. 2009) (unusual driving behavior can support reasonable suspicion)
- United States v. Hogan, 539 F.3d 916 (8th Cir. 2008) (nervousness and inconsistent answers can supply reasonable suspicion)
- United States v. Foley, 206 F.3d 802 (8th Cir. 2000) (nervousness and inconsistent travel-related answers supported further inquiry)
