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W.D.N.Y.: Questioning about drugs beyond the traffic infraction “d[id] not measurably extend the stop's duration”

Questioning about drugs beyond the traffic infraction “d[id] not measurably extend the stop's duration” under Arizona v. Johnson. United States v. Wiggins, 2013 U.S. Dist. LEXIS 55151 (W.D. N.Y. April 16, 2013).* Stop was justified by alleged speeding, despite the subjective reason of drug investigation. Reasonable suspicion developed. United States v. Garreau, 2013 U.S. Dist. LEXIS 55395 (D. S.D. April 18, 2013).* Broken taillight justified defendant’s stop. Reasonable suspicion developed. United States v. Poole, 2013 U.S. Dist. LEXIS 55554 (N.D. Ill. April 18, 2013).* Defense counsel can’t be ineffective for not filing a motion to suppress that would lose. State v. Massey, 2013 Ohio 1521, 2013 Ohio App. LEXIS 1412 (10th Dist. April 16, 2013).* “[F]ailure to file a frivolous motion to suppress can never constitute ineffective assistance of counsel.” Aguirre v. United States, 2013 U.S. Dist. LEXIS 55652 (D. S.D. April 18, 2013).*

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