United States v. Foreste, No. 13-4880 (2d Cir. 2015)
Annotate this CaseAfter a 22-minute traffic stop in Massachusetts, Foreste was given a speeding ticket. During the stop, the officer was concerned about Foreste’s vague answers and that his car rental agreement had expired. After he drove away, the police learned that Foreste was a dealer who transported drugs from New York to Burlington in rental vehicles. Hoping to stop him again, police watched as the car entered Vermont and saw it roll through a stop sign. Officers saw what they believed to be narcotics residue on his clothing and face. About 38 minutes after the stop, a canine alerted to drugs in the car. Foreste was found to be in possession of oxycodone. He entered a conditional guilty plea to possession of oxycodone with intent to distribute, but preserved his right to challenge the denial of his motion to suppress. The Second Circuit rejected his argument that the duration of the two successive traffic stops was unreasonably intrusive in violation of the Fourth Amendment, but vacated for discovery of the narcotics canine’s field performance records. The district court erred in denying his discovery request.
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