United States v. Leal

236 Fed. Appx. 937 (2007)

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United States v. Leal

United States Court of Appeals for the Third Circuit
236 Fed. Appx. 937 (2007)

  • Written by Arlyn Katen, JD

Facts

Trooper Volk stopped Leal (defendant) because he believed the windows on Leal’s car were heavily tinted in violation of the Pennsylvania Vehicle Code. Leal refused to consent to a search of his car. Volk detained Leal for at least 80 minutes following the traffic stop, requiring him to wait for another trooper to bring a drug-sniffing dog that got stuck in traffic. Volk cited 14 factors that he relied upon in deciding to detain Leal for the drug sniff. Chief among those factors was Leal’s claim that he had consulted a lawyer before driving from Texas. Ultimately, some kind of drug was seized, and Leal was convicted of possession with intent to distribute a controlled substance. The district court denied Leal’s motion to suppress the controlled substance. Leal’s key arguments are that the 80-minute detention was a de facto arrest that was unsupported by probable cause, and that if it was a Terry stop, the delay was unreasonable.

Rule of Law

Issue

Holding and Reasoning (McKee, J.)

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