Beard

MEMORANDUM *

The government appeals, pursuant to 18 U.S.C. § 3731 (2006), the district court’s order suppressing evidence found in defendant Curtis Lee Beard’s car. Beard claims that the evidence should have been suppressed because it was discovered only as a result of an improperly prolonged traffic stop. At 2:45 A.M., the police saw Beard fail to stop for a stop sign. This is a high crime area, and before stopping Beard for the stop sign violation, the officer observed that Beard appeared to be circling the block. The officer turned on his emergency lights and siren, but Beard continued driving for a couple of blocks before he finally stopped. He emerged from his car with his hands up, and told the officer that he hadn’t stopped sooner because he was scared.

A license and registration check was run, which came back negative. Nevertheless, instead of terminating the encounter then and there, the police officer asked Beard where he was going and whether he was carrying anything that he was not supposed to have. Beard responded that he was going to his girlfriend’s house and that he was not carrying any contraband. He consented to a search of his person, but not to a search of…