Author Archive | Eunice Lee

Friday, September 6th, 2019

Second Circuit upholds prolonged traffic stop based on suspicion that car was stolen, despite database check confirming that it was not stolen.

In United States v. Wallace, No. 17-0472 (2d. Cir. Sept. 3, 2019), the Second Circuit, in an opinion by District Judge Abrams (joined by Judge Winter), upheld the district court’s denial of the defendant’s motion seeking suppression of a firearm recovered following a prolonged traffic stop. Judge Pooler dissented.

After being pulled over for a defective brake light at 7:20 pm, defendant Wallace produced a valid driver’s license but not his registration card. The officers noticed that the registration and inspection stickers on the car were damaged and faded and that there were marks on the car’s door suggesting that it had been pried open. Wallace explained that the stickers had been damaged by a defogging spray and that the door damage was from a prior occasion when he had locked himself out of the car. Although the Vehicle Identification Number (“VIN”) on the registration sticker was only partially …


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Categories: car stop, Fourth Amendment, reasonable suspicion, traffic stop

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