unlawfully prolonged for longer than it was necessary to write a ticket for turning out and it was extended because the officer in gauged almost immediately investigation of methamphetamine distribution but there was not reasonable suspicion to believe that mister goelz then was involved in history in math and therefore the extended extension of the stop violated the th amendment the search dog sniff was unconstitutional and therefore the evidence found in mister bowles and struck should have been suppressed here the district court found that w the stop may have been extended he didn't have to decide if it was reasonable or unreasonable because it was in the extension was the minimalists and that's just to the supreme court's decision rodriguez assessing whether this stop was on reasonably prolonged and i will assume for the sake of argument right now but that reasonable suspicion is not a good way to go in this but there are three moving pieces there's the original ticket for the for the signal violation there is the insurance card problem that we have a finding of fact arose in in an in nocent fashion nobody was manipulating and trying to extend things by with the insurance card in the thirty's this notice of violation service so we have all three of these factors contributing to the length of this stop and i realize that kohak is on the you know he's texting and he's using the same keyboard telling elba's you know walking slowly over here you know don't don't rush and same time he's texting with sob or and saying zip over here with the dog as quickly as you can but but i just wonder we almost have to get down to seconds because opus does get there close to the same time is so boring does with the dog and it probably takes a minute or two maybe a minute or so to give the person the extension of time is when how which after hearing back from the dispatcher that mister gholson had a valid driver's license which count them testified specifically that that gave him the information he needed to start writing the ticket for turning without saying and so but instead of then starting to actually write the ticket what cowlick decided to do was to not at the expense of starting to write the traffic ticket when they have all the information they need to start writing the traffic for example of colic would've gone in and started writing the ticket but said to hodges hey you know i've got to get busy on the ticket so that they can then try and do a consent search that was clearly had nothing to do with riding a picket for failing to signal a turn it was based soley on trying to you know find evidence of methamphetamine distribution in a rough part of town and you think the initial pack down eliminates any further possibility of officer safety or the like for the personal search i don't mean the car of it i mean different things yes no absolutely because what howard did was and we didn't challenge the initial pat down were sent that was fine under terry standards for doing the stop and how we literally has mister goldstein handcuffed with his hands behind his back which gholston didn't fight didn't try and fight that at all then calla does the pat down search walks mister golston over and sits him down on the curb and then two more officers arrive on the scene so it's not how we get there by himself and how we cast syrian sony sit and watch gholston wow how we can how do you step aside and colleges immediately talking about hey i think he's got math i think he's got math how do we do this now hodges is like well if you walked away try and do obstruction counts as now i can't do that because he's already walking away from the truck and i turn my emergency lights so i don't see any way shape or form the nd search of mister alston could ever be justified as officer safety after he's already been handcuffed handed down and you have multiple officers and so can i ask you on the reasonable suspicion question you know goulston is walking away from a traffic stop makes eye contact i assume that he an understand the point but i do think it's a couple things are important about this and that by comics own admission and you can see it on the video mister gholson is out of the truck walking away before coward turns on his emergency lights and m isn't supposed to automatically know the nd the lights come on that he is that subject of the police officer but yes when coward gets out starts yell and makes eye contact i get that collar can be a little bit suspicious that there was a little bit of back and forth before mister golston stopped walking could be somewhat suspicious once mister bolton walks back completely you know consents to everything co doing i think that any suspicion that was aroused based on those facts and that and could not give any reasonable supports a reasonable suspicion that mister goldstein was serving methamphetamine i sniff as he suspected no course if the dog hadn't alerted we wouldn't even be here but the dog of course does alert so he can't be working on the ticket at the same time he's sending all these texts because it's just a physical impossibility  he's not like he's dictating you know some voice to a memo thing or something he's texting other officers he's telling officer albus with this notice of violation and all assume for the sake of argument that that's not some pretext i guess there's a lot of testimony that's what they did in quincy saying take your time be slow he gets confirmation basically from alba's that he gets the message and then you know he's kill himself not to put on the lights to rush the chicken over because he was expecting to do a dog sniff of this vehicle because the canine was on the way and doesn't you see on it that it's time because he was trying to honor however again in the context of his testimony sergeant crowley explain that what he was explaining to start you know obvious was you do not need to rush as far as throw your lights on speeding over here blowing through stop signs things like that because we are waiting on the dog and in his mind officer colleagues that is i believe subjectively he did want to get the dog to the scene to conduct a sniff however your honor it's an object of standard rights so the officers motivation in saying that does not necessarily go into the objective overall view of whether the traffic stop was reasonable in its entirety no i agree a reasonably extended to stop officer collar testified in the court credited that he was working on the ticket be entire time he was in the vehicle but that's only because he was he was sending texts he wasn't working on that the whole time well your honor i would disagree respectfully again that it's impossible he was also calling in the registration for the vehicle he also had to get out of the vehicle and ask mr gholson a follow up question to have enough information to fill out the ticket and even if you did need to switch back and forth between keyboards to send some of the texts you're talking about a matter of our decision in lopez and other guidance from the supreme court do you think that like there's a two minute window that you can just delay or is there any tolerance here no no certainly not your honor there it can obviously be unreasonably extended in this case however it is the government's position that there was no one reason going to stanch and that your colleague was able to multitask and to work on the ticket to call in to dispatch to wait on it especially to return calls and to switch back and forth without any on reasonable or unnecessary delay a delay of a matter of seconds to communicate with officers about another issue regarding the traffic stop is certainly not on reasonable given the case law in the th circuit of similar situations where for example asking unrelated questions or as the court previously pointed out asking permission to search those are certainly not on reasonable the ways those are just parts of investigations that arise out of traffic stops why do you need to end of course there is not of somebody who didn't put his signal  number of unrelated questions and a request for a surge was not an unreasonable extension and certainly in this case there is some extra need for the search because of these specific believe from the video you can tell when the lights came on and it was when he turned on to the street that mister colson was on i do agree that by the time he came to a rest behind mister goelz and vehicle with his lights on mister gholson was getting out of the vehicle  important factor out of all of the factors in this case of which there were several others but it is obviously not an important factor to officer cow in this situation and that is based on the area of the stop the time of the stop it's early in the morning so in a high drug high crime area he's the only vehicle on the street he did continue to walk away after astakhov made contact with him your hon there are no names so people people say you know correct correct your honor but again this is not in the context of that being the sole information underlying the stop in the analysis in mister pattens brief  that reasoning to whether that was credible or not and in this case the court again specifically did believe officer colics testimony about the information you've previously received you can believe that but it's an i'm familiar with not a lawyer and that's not what the government's arguing the government's arguing it's one of the five or six factors that contributed to the reason logical suspicion in this case government does not suggest that this information on its own would have been sufficient to stop mr colson absent any other reasons however that is also not the case that was not the only information that the officers had that contributed to resolve the mission and your honor i see that my time is almost up if i may diligence what the supreme court said in rodriguez is quote how could diligence be gauged other than by noting what the officer actually did and how he did it and you could look at what how which actually to eighty five you know i asked him you're not looking for evidence of turning without a signal while you're searching him and he admitted well no he wasn't he was getting trying to get evidence of meth distribution and then all of the back and forth