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State v. Allen

The officer impermissibly prolonged the duration of a traffic stop when he initiated a computer check of the defendants' license and identification card after completing his written warning.

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After police discovered marijuana in a car that was stopped for lane infractions, Patrick Scott and Dorian Allen, the driver and passenger, respectively, were indicted for the possession of more than one ounce of marijuana.1 Scott and Allen moved to suppress the drug evidence as the fruit of an illegal seizure. The court conducted an evidentiary hearing, then granted their motion. The state appeals. For reasons that follow, we affirm.

The sole witness at the suppression hearing was the patrol officer who initiated the traffic stop. On direct examination, he testified to the following. On September 13, 2012, while stationed in the median of an interstate to monitor traffic, the officer observed a 2012 Nissan Altima vehicle cross from the center lane of travel into “the fast lane.” As the Altima passed the officer’s stationary position, the officer saw the driver “pointing his finger all in the passenger’s face.” Concerned that the driver was distracted, the officer decided to catch up with the Altima. As he did so, the officer saw the Altima “make the same lane infractions again”; the officer also saw that the driver was “still reaching over with his fingers, pointing in the passenger’s face.” The officer initiated the traffic stop.

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