STATE v. COLEMAN (2020)

Writ application denied.

I would grant this application on the basis that the state failed to adequately justify the extended traffic stop per Rodriguez v. United States, 575 U.S. 348, 135 S.Ct. 1609, 191 L.Ed.2d 492 (2015).

Trooper Martinez, the arresting officer in this case, arguably initiated a lawful stop of defendant for following another vehicle too closely and having a partially obscured license plate. However, after the dispatcher informed him that defendant had a valid driver's license, valid registration, and the lack of a criminal record (a five to 10 minute period), Trooper Martinez had no authority to further detain defendant. Ultimately, defendant was detained to a total of 20 minutes.

Trooper Martinez testified that he extended the stop because of defendant's nervousness, heavy breathing, trembling voice, inconsistencies in defendant's stories, and his questioning of an unknown substance on the driver's floorboard. However, defendant's alleged nervousness and shaking could be easily attributed to other factors, such as a the cold November rain defendant stood in.

This situation is precisely the one contemplated by the Rodriguez Court when it issued its ruling. It is my view that Trooper Martinez prolonged the traffic stop in order to conduct a canine sniff without the requisite reasonable suspicion. Accordingly, I would reverse the lower courts and grant defendant's motion to suppress.

Genovese, J., would grant and assigns reasons.