United States District Court, C.D. Illinois, Springfield Division
ORDER AND OPINION
MYERSCOUGH, U.S. DISTRICT JUDGE.
Keith Offord is charged with bank fraud, access device fraud,
and aggravated identity theft. Defendant has filed a Motion
to Suppress (d/e 14) evidence obtained during a traffic stop
that Defendant argues was improperly prolonged. As the Court
ruled on June 27, 2017, during the evidentiary hearing on the
Motion to Suppress, the motion is DENIED.
before midnight on August 20, 2015, Illinois State Trooper
Christopher Parmley stopped Defendant Keith Offord and
Defendant’s passenger, Constance Howay, for speeding on
Interstate 55. From his post along the interstate, just
outside of Bloomington, Illinois, Trooper Parmley clocked
Defendant’s vehicle as traveling 84 miles per hour, 14
miles per hour above the posted speed limit of 70. Trooper
Parmley turned on his light bar, which activated a dash video
camera that recorded the encounter.  He began to pull Defendant
over to the side of the road at minute 1:05. The vehicles
come to a stop at 1:19.
approximately minute 1:30 of the recording, Trooper Parmley
approached the vehicle. Trooper Parmley informed Defendant of
his speed then asked whether Defendant owned the vehicle.
(1:43). In reaction to Defendant’s inaudible response,
Trooper Parmley requested to see the rental agreement.
(1:48). Trooper Parmley inquired where Defendant and Ms.
Howay were coming from. (1:53). In response to
Defendant’s answer, Trooper Parmley asked how long the
passengers were in St. Louis. Defendant stated they were
“in and out.” (2:07).
Parmley looked into the back seat of the vehicle with his
flashlight. He noticed a large amount of clothing and several
boxed iPhones in the back seat of the vehicle and he asked
whether any other passengers were in the car. (2:15). He
asked whether the two were shopping on their trip.
Parmley requested identification from both Defendant and Ms.
Howay. Defendant provided his Illinois driver’s license
and stated that Ms. Howay did not have identification to
provide. (2:36). Trooper Parmley then requested that Ms.
Howay follow him to his squad car. (2:40).
Parmley and Ms. Howay sat down in the squad car (2:59).
Trooper Parmley then entered Ms. Howay’s name, date of
birth, and state of her identification into the LEADS check
on his computer. (3:17). Trooper Parmley asked Ms. Howay
where the two were coming from and how long they had been
there, to which Ms. Howay responded they had been in St.
Louis for four days. (3:42).
Parmley asked if she had ever been arrested, and she replied,
“A long time ago.” (3:59). He then stated that
Ms. Howay had an outstanding warrant for her arrest for
“dangerous drugs.” (4:08). He asked her if
anything like drugs were in the car or whether Keith had any
such thing. (4:20).
Parmley inquired as to the details of Ms. Howay’s
relationship with Defendant. In response to his questions,
she stated that Defendant was a friend whom she had known for
three years and that she and Defendant stayed in a hotel in
St. Louis in separate rooms. (4:40).
the conversation, Trooper Parmley had entered
Defendant’s information into the LEADS database check
and learned by minute 4:52 that Defendant had been arrested
for a weapon offense and had been previously convicted for
“fraud/theft.” Government’s Response to
Motion to Suppress at 3 (d/e 18) (hereinafter Response).
Trooper Parmley told Ms. Howay that he was going to call for
a canine unit at 4:58. He then told her that he did not know
what the bond would be on her arrest. (5:06).
Parmley told Ms. Howay that the arrest warrant was issued in
Cicero on July 28, 2015, and Ms. Howay said that she had been
arrested around July 4. (5:17). He said the warrant was for
possession of a controlled substance or paraphernalia. (5:55)
and that she had failed to appear (6:53). She stated that she
paid the required fine and that the warrant should not be
Parmley called on the radio for a canine unit. (5:34). He
then radioed Ms. Howay’s identifying information to his
dispatch. (7:02). The dispatcher stated on the radio that the
warrant was a failure-to-appear arrest warrant for dangerous
drugs and that Ms. Howay was “Wanted, Armed, and
Dangerous.” (8:07). Dispatch then confirmed that
Trooper Parmley’s current location was within the
geographic limit of the warrant and broadcast an alert tone
to all officers in the area to provide backup. (8:32).
Parmley and Ms. Howay stepped out of the squad car (8:55), he
placed her in hand cuffs (9:06), and he patted her down
(9:20). Trooper Parmley then placed Ms. Howay in the squad
Parmley then exited the squad car and approached Defendant in
his vehicle. (10:04). Trooper Parmley told Defendant that Ms.
Howay had a warrant out for her arrest for a controlled
substance or paraphernalia. (10:16). Trooper Parmley told
Defendant to “[j]ust hang out for us….”
(10:42) and to wait until Trooper Parmley knew the bond
information (10:46). He asked if Ms. Howay had any luggage in
the vehicle, to which Defendant stated she did. (10:51).
Trooper Parmley then repeated his direction for Defendant to
“hang out.” (10:52).
Jefferson arrived as backup. Trooper Parmley spoke to him
about the situation behind the squad car (11:06). At 11:55,
Trooper Parmley returned to his squad car and told Ms. Howay
that he had informed Defendant of her arrest. At minute
12:08, dispatch announced on the radio that the canine was on
scene.2 At the hearing, Trooper Parmley testified that the
metallic sound heard on the video at minute 12:25 was created
by his ticket book hitting the buttons on his uniform and
that the click sound was his pen to write out
Defendant’s ticket. Trooper Parmley asked Ms. Howay if
she had any luggage in the vehicle. (12:50). Trooper Parmley
then told Trooper Jefferson to place Defendant in Trooper
Jefferson’s squad car and to tell Defendant to roll up
the windows so that the dog could walk around the vehicle for
the sniff test. (12:32).
12:54, Trooper Jefferson is seen talking to Defendant in his
vehicle. Defendant exits the vehicle at 13:08. While
Defendant was standing outside of the vehicle waiting for the
canine to conduct the sniff test, Trooper Parmley asked
Defendant if he still lived at the ' At
the hearing, Trooper Parmley testified that the
“23023” announcement heard on dispatch at this
time signified that the dog was on scene, “230”
being shorthand for a canine unit and “23”