United States v. Lewis
920 F.3d 483
| 7th Cir. | 2019Background
- Officer Sweeney observed Arriba Lewis driving in a pack and measured a 1.2‑second following distance behind a truck on I‑55, prompting a traffic stop for following too closely.
- Sweeney asked Lewis to sit in the squad car while he prepared a written warning; the officer’s computer quickly revealed Lewis was on federal supervised release for a prior drug conviction.
- During the stop, Sweeney asked routine questions about Lewis’s travel and purpose; Lewis appeared nervous (trembling hands, heavy breathing) and gave inconsistent answers about his trip and his son.
- Approximately 10 minutes, 50 seconds after Lewis pulled over, Sweeney handed him a warning; about 10 seconds later a canine team arrived and began a sniff.
- The dog alerted about 1 minute after the sniff began; Sweeney searched the vehicle and found 208 grams of heroin. The district court denied Lewis’s motion to suppress; he pleaded guilty conditionally and appealed.
Issues
| Issue | Plaintiff's Argument (Lewis) | Defendant's Argument (Government/Sweeney) | Held |
|---|---|---|---|
| Legality of initiating traffic stop | Sweeney lacked lawful grounds; 3‑second rule is only a recommendation and highway "condition" (officer approaching) justified Lewis staying close | Officer objectively had probable cause: two observations plus a timed 1.2s follow supported reasonable belief of following too closely | Stop was lawful; probable cause supported the stop |
| Prolongation of stop / dog sniff | The detention was unlawfully prolonged for a dog sniff without independent reasonable suspicion; alleged unnecessary delays and unrelated questioning | The warning was completed in ~10:50; questioning and moving to the squad car were routine and did not unreasonably prolong the stop; independent reasonable suspicion existed | No unlawful prolongation; independent reasonable suspicion justified brief additional detention for canine sniff |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (objective probable cause for traffic stop)
- Delaware v. Prouse, 440 U.S. 648 (Fourth Amendment reasonableness for vehicle stops)
- Rodriguez v. United States, 575 U.S. 348 (officer may not prolong stop beyond mission without reasonable suspicion)
- Illinois v. Caballes, 543 U.S. 405 (dog sniff during lawful traffic stop not a Fourth Amendment search)
- United States v. Muriel, 418 F.3d 720 (7th Cir. 2005) (officer's following‑distance estimation can support probable cause)
- Illinois v. Wardlow, 528 U.S. 119 (nervous, evasive behavior can contribute to reasonable suspicion)
- Navarette v. California, 572 U.S. 393 (lower standard of suspicion can justify some stops)
- United States v. Ruiz, 785 F.3d 1134 (7th Cir. 2015) (reasonable suspicion standard explanation)
- United States v. Sanford, 806 F.3d 954 (7th Cir. 2015) (criminal history can support reasonable suspicion)