Reasonable Suspicion to Detain a Motorist
In United States v. Williams, 04-7065 (April 18, 2005), the Tenth Circuit confirmed what criminal defense practitioners already know - the reasonable suspicion standard for highway detentions is low - really low. Extreme nervousness, conflicting stories about travel plans, the defendant's admitted exit from the highway to avoid the traffic stop and a "mad dash"(my description completely) to his car after the return of his documents combined to provide reasonable suspicion to detain for a dog sniff. The dog was riding with the state trooper. Once the dog provided a positive alert, probable cause existed to search.
In a very short, published opinion the Court ran through the analytical standards and summed up its holding:
The district court relied on the following factual findings to support its conclusion that the detention was justified by reasonable suspicion. Mr. Williams was extremely nervous during his encounter with Trooper Hyde; his hands were shaking, his voice was cracking, he could not sit still, and his heart was beating so fast that Trooper Hyde was able to see his chest jerk. Mr. Williams admitted that he exited the interstate to avoid the traffic stop. Mr. Williams and his passengers gave inconsistent stories when asked where they were coming from and how long they had been together. When Mr. Williams exited the patrol car, Mr. Williams appeared as if he were about to run. Considered in the light most favorable to the district court's ruling, these findings of fact are not clearly erroneous.
There appears to be little remarkable about the Williams decision. One has to wonder why the Court chose to publish the opinion - unless the judges just wanted to pound into our heads that reasonable suspicion is a low standard for a prolonged detention on the highways of America.
So unless I had a perfectly good day at work, so I am not stressed, and I am not late to catch a movie, so I dont seem in a rush by getting off the highway to avoid a stop, and both me and my friend have agreed on which movie we are going to see, so our stories don't conflict, I can be detained for a "dog sniff. Hmm doesn't seem fair.....