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Click here for the full text of this decision FACTS:Deputy Forslund detained Craig Kothe for suspected DWI. In conjunction with a field sobriety test, the deputy requested a computer search for outstanding warrants on Kothe. Forslund determined that Kothe was not intoxicated, but during or immediately after the warrant check, he received a dispatch stating that Kothe might be in possession of missing property. With Kothe’s consent, the deputy searched the car and found drug paraphernalia. The deputy then spoke with the passenger, Ms. Brantley, who informed him that she was carrying heroin at Kothe’s request. The court of appeals held that Kothe’s continued detention was constitutionally unreasonable. HOLDING:Reversed and remanded. Both Kothe and Brantley had a reasonable expectation of privacy in not being detained beyond the time necessary for the officer to complete his investigation. Thus, Kothe has standing to complain about any illegally prolonged detention. If the officer’s conduct in awaiting the results of the computer license and warrant check was “unreasonable” under the Fourth Amendment, Kothe has standing to complain about the subsequent search of Brantley. That search is “fruit of the poisonous tree” if it constituted an exploitation of the illegal detention. There is no evidence � or even suggestion � that the officer failed to diligently pursue his investigation. Nor is there any evidence that the officer ran the license check as a pretext to investigate an unrelated crime for which he had no reasonable suspicion. There is no suggestion that he engaged in any “fishing expedition.” The trial judge in his factual findings was careful not to give that impression. “This is not an instance of an indefatigable Inspector Javier mercilessly pursuing, harassing, and hounding his quarry through Paris sewers or Kendall County highways by concocting excuses to detain him,” the court states. Viewing the totality of the circumstances in the light most favorable to the trial court’s factual findings, the officer’s decision to return to his vehicle and simply wait a few minutes for the warrant-check results before releasing Kothe was “reasonable” as a matter of substantive Fourth Amendment law. The court also determines whether the officer acted “reasonably” when he remained in his vehicle after receiving notice from the dispatcher that Kothe had no outstanding warrants but before receiving the second dispatch. It is unclear to the court exactly how long this period was. During the pretrial hearing, the officer stated that he was waiting on the driver’s license return when the dispatcher informed him of the need to talk with Kothe about the missing bank bag. However, in his factual findings, the trial judge states that “the officer testified that he was just about to release the defendant to leave, when a second teletype was brought to his attention.” Either way, it appears that the officer received the second dispatch, if not before completing the warrant check, almost instantaneously with it. Again, there is no testimony or insinuation that the officer was purposefully prolonging Kothe’s detention. The court concludes that the officer’s actions were “reasonable” under the circumstances, and the detention as a whole was “reasonable.” Since neither the initial stop nor its duration violated the Fourth Amendment, Kothe’s consent to search his car was not unconstitutionally tainted. The evidence gathered from his car need not be suppressed under the Fourth Amendment. OPINION:Cochran, J., delivered the opinion of the unanimous court.

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