A federal judge ruled Friday that telling a police officer you’re coming from “near Colorado” can be considered suspicious and used to justify an extended traffic stop.
That answer was offered by Jesse Burcham in May 2015 when he was pulled over by a Baton Rouge, Louisiana, police officer for speeding and allegedly weaving.
The officer said he considered Burcham’s response suspicious and sufficient grounds to extend the stop, call for backup and request a search of the vehicle.
Police say they found 12 kilogram-sized packages of cocaine under the rear of the car, but Burcham’s lawyer asked that the evidence be suppressed.
U.S. District Judge Brian Jackson found reasonable suspicion of additional criminal activity existed, however, to allow for an extended traffic stop, and that the subsequent search — to which Burcham consented — was constitutional.
Analysis over whether reasonable suspicion existed to prolong the initial traffic stop did not address Colorado’s legalization of marijuana under local law, but focused on the officer’s claim that the imprecise location for a trip origin was unusual.
“Officer Jenkins testified that he considered this response to be peculiar, stating, ‘because most people that I ask that, they may give a big city. They may say, ‘I’m coming from near Baton Rouge or coming from near Houston,’ but never near a whole state,'” the ruling says.
Judge Jackson wrote that seemingly untruthful answers such as Burcham’s “peculiar answer about his travel plans” can justify an extended stop, as can his allegedly “elongated responses” indicative of nervousness.
Prosecutors had offered a third justification for extending the stop beyond its original mission, but failed to convince the judge that Burcham saying he was unarmed — despite also saying he worked private security — contributed to reasonable suspicion.
“The Government does not cite any case law in which the absence of a firearm, under these or similar circumstances, justifies an officer’s reasonable suspicion,” Jackson wrote.
After extension of the roadside stop, Burcham consented to a search of the vehicle. Fresh tool marks on screws alerted officers to an aluminum box under the car, at which time Burcham was placed under arrest and read Miranda rights, before the box was opened.
The search was determined to be voluntary and constitutional by the judge, who also found there was probable cause to justify the arrest when the hidden container was found.
It’s unclear if Burcham’s legal team will seek to overturn the decision. Defense attorney Jimmy Manasseh did not immediately respond to a request for comment.
Steven Nelson is a reporter at U.S. News & World Report. You can follow him on Twitter or reach him at snelson@usnews.com.
Moron consented to the search, what an IDIOT!!!! That said, according to this judge, the State owns you.
” Burcham consented to a search of the vehicle. Fresh tool marks on screws alerted officers to an aluminum box under the car, at which time Burcham was placed under arrest and read Miranda rights, before the box was opened. ”
NEVER CONSENT TO A SEARCH BY THE ENFORCERS FOR ANY REASON. The ruling was entirely based upon his voluntary consent to search – period. Bet he didn’t press the issue of his being coerced to consent to the search.
DUMBASS!
(I do not think he was wise to be carrying large amounts of cocaine in his vehicle anyway…. probably not a responsible man who would avoid transfer of the drug to minors and mental defectives).
’nuff said