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Name: People v. Gallardo
Case #: G034390
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/15/2005
Subsequent History: rvw. den. 9/7/05

A motorist’s consent to a search of his vehicle was not vitiated by an unduly prolonged traffic stop. The defendant argued on appeal that police may not prolong a traffic stop beyond the time necessary to issue a traffic citation, that a traffic stop may not be used as a pretext to conduct a criminal investigation, that police must have a reasonable suspicion of criminal activity before requesting consent to search. The court agreed with the first proposition but summarily rejected the second argument. As to the third argument, the court rejected the defendant’s contention insofar as it applied in situations where the detention was not unreasonably prolonged as a result of the request to conduct a search. Here, the time between the initial contact and the request to search was as little as two minutes, and since defendant did not argue that his consent was not freely given, the court concluded that the search was reasonable under the Fourth Amendment.