United States v. McBride
2011 U.S. App. LEXIS 4969
7th Cir.2011Background
- Gasvoda stopped McBride for a missing rear license plate, speeding, and lane changes without signaling.
- Approximately 25 minutes elapsed before McBride consented to a vehicle search.
- McBride exited the car, there was a pat-down search, and his nervous demeanor persisted.
- Investigatory questions about travel plans and baggage followed, with no immediate result but ongoing information gathering.
- A canine sniff was conducted and yielded a negative result; McBride was ultimately allowed to retrieve his coat and the officer continued routine duties.
- McBride consented to a later search which yielded crack cocaine, marijuana, and a loaded handgun; district court denied suppression, and McBride pled guilty reserving suppression appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did detention extend beyond the stop’s purpose? | McBride contends consent was tainted by extended detention. | Gasvoda’s additional questions were permissible, constituting a grace period after the stop. | No Fourth Amendment violation; stop reasonable and extended questions were permissible. |
Key Cases Cited
- Illinois v. Caballes, 543 U.S. 405 (U.S. 2005) (traffic-stop reasonableness framework; no need for expeditious release when stop based on probable cause)
- United States v. Taylor, 596 F.3d 373 (7th Cir. 2010) (basis of stop (probable cause) differs from Terry-based limits)
- United States v. Childs, 277 F.3d 947 (7th Cir. 2002) (probable-cause stops not bound by Terry duration; permissible grace period for investigatory questions)
- Estrada v. Rhode Island, 594 F.3d 56 (1st Cir. 2010) (investigative information may justify extending a stop)
- United States v. Figueroa-Espana, 511 F.3d 696 (7th Cir. 2007) (information gathered may provide reasonable suspicion to extend a stop)
- United States v. Garcia, 376 F.3d 648 (7th Cir. 2004) (nervous demeanor and inconsistent statements can contribute to reasonable suspicion)
- United States v. Moore, 375 F.3d 580 (7th Cir. 2004) (routine inquiries may be permissible and not prolong the stop unreasonably)
- Ray v. City of Chicago, 629 F.3d 660 (7th Cir. 2011) (form of detention and investigatory questioning during a stop analyzed for reasonableness)