United States v. Walton

Officer McVicker pulled over a vehicle with Colorado license plates, traveling in Madison County, Illinois. The vehicle contained Smoot, the driver, and Walton, a passenger and had been traveling 68 mph in a 65 mph zone. It was following too closely; it appeared that Walton was not wearing his seatbelt, a violation of Illinois law. McVicker informed them that he intended only to issue a written warning. Walton stated that they had been stopped in Kansas the previous evening and had received a warning for an improper signal. Walton gave the written warning to McVicker. The warning noted that Walton was driving with a suspended license. Walton said that the police had searched their vehicle, which was a rental car. He produced the rental agreement, which showed that the Suburban had been rented at the Denver International Airport and that Smoot was not an authorized driver; neither could legally drive the Suburban. McVicker stated that he could have the vehicle towed, but would not do so. McVicker noted that Smoot appeared “extremely nervous.” After 22 minutes of conversation, McVicker learned, from dispatch, that Walton’s extensive criminal history included a drug trafficking offense. The two denied permission to search the vehicle. Approximately 33 minutes after the stop, McVicker requested a canine unit, which arrived 22 minutes later. The dog alerted that drugs were present. McVicker searched the interior; seven minutes into the search, McVicker located cocaine concealed in a void within the rear quarter panel. The Seventh Circuit affirmed denial of a motion to suppress. McVicker was justified in detaining the two beyond the time necessary to complete the written warning in order to confirm or dispel his reasonable suspicion and acted with reasonable diligence in requesting a canine unit. View "United States v. Walton" on Justia Law