United States v. Gastelum (8th Cir. September 2021)
Drug Offenses, Fourth Amendment, Recent Circuit Cases, Tenth Circuit
|The Eighth Circuit affirmed a defendant’s conviction after he challenged an officer’s warrantless search of his rental car during a traffic stop. The Court held that the officer did not unlawfully prolong the traffic stop where reasonable suspicion existed to extend the stop based on the incongruity between the defendant’s stated travel plans and his rental car agreement, inconsistencies in the defendant’s travel history, the disparity between the cost of flying versus renting a car, and the defendant’s emphasis on his military background in response to questioning. Moreover, despite the officer initially commanding the defendant to open his trunk and let him search his luggage, the Court held the defendant’s consent was voluntary where the officer subsequently confirmed he had permission and the circumstances showed the officer was not acting authoritatively or in a confrontational manner.