United States v. Cole

Docket Number20-2105
Decision Date17 December 2021
Based on his perception that Cole was following another vehicle too closely, Illinois Trooper Chapman stopped Cole. The initial stop lasted 10 minutes. Chapman spent about six minutes questioning Cole, then told Cole that he would get a warning but that, for safety reasons, they had to go to a gas station to complete the paperwork. Chapman testified later that he had already decided that he was not going to release Cole before searching the car. Chapman requested a drug-sniffing dog and...

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51 cases
  • United States v. Nault
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • July 21, 2022
    ...as part of the officer's traffic mission." Rodriguez , 575 U.S. at 356, 135 S.Ct. 1609 ; see also United States v. Cole , 21 F.4th 421, 429 (7th Cir. 2021) (en banc) (asking whether police inquiries during a stop "are justified by the traffic violation itself or by the ‘related’ concerns of......
  • United States v. Edwards
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • May 16, 2022
    ...denial of a motion to suppress, we review findings of fact for clear error and legal conclusions de novo. See United States v. Cole , 21 F.4th 421, 427 (7th Cir. 2021) (en banc).Edwards considers Detective Johnson's account of the January 2019 entry incredible, but points to nothing beyond ......
  • United States v. Avila
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 9, 2024
    ...traffic stop passes constitutional muster if the officer reasonably believes he witnessed a traffic violation. United States v. Cole, 21 F.4th 421, 427 (7th Cir. 2021) (en banc) (noting that because traffic stops are typically brief detentions they require only reasonable suspicion of a tra......
  • Mwangangi v. Nielsen
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • September 15, 2022
    ...of "a particularized and objective basis for suspecting the particular person stopped of criminal activity." United States v. Cole , 21 F.4th 421, 433 (7th Cir. 2021) (en banc) (quoting Navarette v. California , 572 U.S. 393, 396–97, 134 S.Ct. 1683, 188 L.Ed.2d 680 (2014) ). For the stop to......
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1 books & journal articles
  • Motor vehicle searches
    • United States
    • James Publishing Practical Law Books Suppressing Criminal Evidence Fourth amendment searches and seizures
    • April 1, 2022
    ...or ask the driver their travel plans. This tactic was approved of in U.S. v. Callison , 2 F.4th 1128 (8th Cir. 2021) and U.S. v. Cole , 21 F.4th 421 (7th Cir. 2021), which found asking about travel plans to be squarely within the mission of a traffic stop. Inquiring about criminal history w......