Thursday, March 16, 2023

US v. Taylor, No. 21-10377 (3-1-23)(Bress w/VanDyke & Restani). This is about a car stop and whether the car stop was unreasonably prolonged. The 9th holds it was not. The defendant here was stopped for driving without a license plate or registration. The officers asked him if he had weapons (the defendant said “no”) and whether he had been arrested before (yes). The officers asked the defendant to get out of the car. The 9th states the asking of the defendant to get out of the car did not unreasonably prolong the stop; neither did running of a criminal records check. Also, the defendant had an unzipped fanny pack, which was reasonable to question given the lack of identification and the fact the defendant was under supervised release. Defendant’s consent to search the car was not forced. The case was remanded to conform the written judgment of a SR condition with the oral pronouncement (pay for programs if the defendant had the ability).


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