United States v. Mario Riley
2012 U.S. App. LEXIS 14364
8th Cir.2012Background
- Riley was stopped on I-44 in Missouri after weaving across the center line; the stop occurred after Trooper Rutledge asked for Riley’s license and rental agreement and moved Riley to the patrol car for a records check.
- Rutledge observed Riley’s nervousness and received a criminal history from dispatch suggesting prior drug violations and felony arrests, which led Rutledge to suspect deception.
- Riley refused consent to search the vehicle; a drug-detection dog was brought to the scene from an off-duty handler and alerted to drugs in the trunk.
- The dog’s alert prompted a trunk search that yielded approximately one kilogram of cocaine and Riley was arrested for possession with intent to distribute.
- Riley moved to suppress the evidence; the district court denied suppression, and Riley entered a conditional guilty plea preserving appellate rights.
- Riley challenges the denial of suppression; the court ultimately affirms and declines to suppress the cocaine found in the trunk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the traffic stop | Riley lacked weaving evidence and stop was unfounded | Rutledge’s testimony and video corroborate weaving; stop lawful | Stop supported by probable cause |
| Reasonable suspicion to detain for search | Suspicion based only on nervousness; insufficient | Totality of circumstances supported suspicion; articulable basis | Reasonable suspicion existed; detention lawful |
| Questioning during stop as an unreasonable search | Rutledge’s questions prolonged stop and manufactured probable cause | Questions were routine and did not extend stop unreasonably | Questions did not violate Fourth Amendment; no undue prolongation |
| Delay for drug dog arrival | Eleven-minute delay and off-duty dog unreasonably extended stop | Delay was unavoidable; officer acted diligently to obtain dog | Delay reasonable under the circumstances; not unlawful |
| Scope of vehicle search after custodial arrest | Search exceeded permissible scope or occurred after arrest | Dog’s drug identification provided probable cause; search within automobile exception | Search within permissible scope; no Fourth Amendment violation |
Key Cases Cited
- United States v. Peralez, 526 F.3d 1115 (8th Cir. 2008) (reasonable limits of traffic-stop duration; prolongation violates Fourth Amendment)
- United States v. Donnelly, 475 F.3d 946 (8th Cir. 2007) (dog-sniff delays; diligence and proper pursuit of investigation)
- United States v. Jones, 269 F.3d 919 (8th Cir. 2001) (reasonable suspicion; totality of circumstances)
- United States v. Beck, 140 F.3d 1129 (8th Cir. 1998) (nervousness and unusual travel plans can support suspicion)
- United States v. Bracamontes, 614 F.3d 813 (8th Cir. 2010) (routine stop tasks may include detentions for checks during stop)