On February 24, 2009 Mr. Shigemura was pulled over for failing to use his turn signal when crossing toll plaza lanes, he was attempting to reach the only toll booth open, which was the “last one on the very right side of the roadway.” United States v. Kitchell, 653 F.3d 1206, 1211 (10th Cir. 2011). It took Trooper Hyde 21 minutes and 45 seconds to issue Mr. Shigemura a warning ticket. Id. at 1218. Because Mr. Shigemura and his passengers, including defendant Kitchell, were unable to tell the trooper the same story as to why they were traveling in a rental car and the multiple tasks Trooper Hyde had to perform in examining three individuals (driver, front seat passenger, back seat passenger) the lengthy traffic stop was not found to be unreasonable. Id. In the end, back seat defendant John Kitchell was arrested and convicted for possessing firearms (found in the trunk of the car). Id. at 1211.
If you have questions or concerns regarding what you considered a unreasonably lengthy traffic stop contact Lindsey and Dionne at www.ericksonscherff.com for counsel and assessment of your charges.
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