Jacqueline M. DeLuca

On a vehicle-stop suppression motion, DeLuca will deny suppression where the officer had probable cause OR reasonable suspicion of a traffic infraction; under Eighth Circuit law a mistaken-but-objectively-reasonable belief that a violation occurred still validates the stop. Challenging the stop itself (rather than what followed) is a weak posture where the officer articulates a specific observed driving violation.

“even if Paris was not actually committing a traffic infraction, the stop was not a Fourth Amendment violation because the officer could have reasonably believed Paris was committing a traffic infraction.”

On a Sixth Amendment speedy-trial dismissal motion, DeLuca weighs the Barker factors and will deny where the defendant is himself the primary cause of the delay -- e.g., moving on the eve of trial to reopen long-expired pretrial-motion deadlines. Anxiety over delay, without prejudice to the defense, is 'the weakest interest served.'

“the weight of this argument is greatly reduced by the fact this case was ready to go to trial in October. It did not because Hinrichs moved on the eve of trial to continue and reopen the long-expired pretrial motions deadline.”

On a search-incident-to-arrest challenge, DeLuca will find a bag/item still within the arrestee's area of immediate control -- and the search therefore valid -- even though the arrestee was handcuffed and face-down on the ground, so long as the detention was still ongoing (officers not yet in full control of the scene) and the item stayed within arm's reach when moved. Simply being restrained does not by itself defeat the exception.

“Dominguez was within reach of the bag as officers worked to secure the scene. He remained within reach of the bag during the search. Shortly before the search, officers can be heard yelling at Dominguez, and others, to remain still indicating officers did not have control of the scene and there remained a concern for officer safety.”