from the United States District Court for the District of
Kansas (D.C. No. 5:13-CR-40065-DDC-6 & 7)
C. Arceci, Assistant Federal Public Defender (Virginia L.
Grady, Federal Public Defender, with him on the briefs),
Office of the Federal Public Defender, Denver, Colorado, for
Defendant-Appellant Adrienne Lopez.
C. McEnulty, Attorney at Law, McNulty Law Firm, P.A.,
Wichita, Kansas, for Defendant Angela Marie Lopez.
A. Brown, Assistant United States Attorney (Barry R. Grissom,
with him on the brief), Office of the United States Attorney,
Topeka, Kansas, for Plaintiff-Appellee.
KELLY, HARTZ, and MATHESON, Circuit Judges.
Adrienne Lopez and Angela Lopez, no relation, appeal their
convictions and sentences on charges of possessing
methamphetamine with intent to distribute and conspiracy to
do so. We need not address most of their arguments because we
agree with them that the methamphetamine found in their car
must be suppressed. They were properly stopped because Angela
was speeding. But the officer did not have reasonable
suspicion to continue their detention to obtain a
drug-detection dog after he issued Angela a warning and
Defendants refused to consent to a search of their vehicle.
As alternative grounds for affirming the admission of the
evidence, the government argues (1) that Adrienne cannot
complain of the search because it was not a fruit of her
detention and (2) that the continued detention was lawful
anyway because there was probable cause to arrest Angela for
driving without a license. We reject both arguments. The
search of the vehicle was based on the dog's alert to
marijuana in Adrienne's purse and the police dispatcher
informed the officer on the scene that Angela had a valid
p.m. on June 21, 2013, Angela was driving a 2013 Dodge
Avenger eastbound on U.S. Route 54 toward Wichita. Kansas
Highway Patrol Trooper Robert Krause pulled the car over for
going 79 miles per hour in a 65-mile-per-hour zone. Krause
had graduated from the police training academy six months
earlier and had worked as a solo patrolman for two months.
The stop was recorded on Krause's dashboard camera. He
approached the driver's side of the Dodge and told
Defendants that he had pulled them over for speeding. The
passenger, Adrienne, asked where they were speeding, and
Krause told her. Throughout the encounter Adrienne, rather
than Angela, the driver, did almost all the talking, which
Krause said can be a sign of nervousness.
being told that the car was a rental, Krause asked Angela for
her license, insurance, and car-rental paperwork. While
Angela looked for those documents, Krause turned his
attention to the backseat. Immediately, Adrienne said,
"Don't look back there, it's a mess."
Gov't Suppression Hr'g, Ex. 1, Videotape of Traffic
Stop at 1:38-1:42 (Videotape). The backseat was not
particularly messy; only a few bags and a blue cooler were on
then asked the women about their travel plans. Adrienne told
him that they were coming from California and headed to
"Kansas City or Nebraska" to rescue her sister
"because she was getting beat up by her boyfriend."
R. at 507, Suppression Hr'g at 18 (Suppression Hr'g).
At that point Angela handed him her documents. Instead of her
license she provided a receipt from the California Department
of Motor Vehicles that was issued to her when she reported
losing her license. The rental paperwork stated that the car
was rented in El Monte, California, at 5:30 p.m. on June 20
for two days, to be returned to the same
asked the women if they had any drugs, such as marijuana,
methamphetamine, or heroin, in the car. They replied no, but
Adrienne added that she needed some marijuana because the
drive was taking too long. This prompted Krause to inquire
further into their travel plans. They told him that they left
California at about 6 p.m. the night before and drove through
the night. When asked if they stopped a lot, Adrienne
replied, "a lot, too much." Videotape at 3:38-3:40.
With that, Krause returned to his car to check Angela's
relayed Angela's information to the dispatcher and
learned that she had a valid driver's license and no
criminal history. He reapproached the driver's side of
the car, returned Angela's paperwork, and warned her for
speeding and not having her license. Adrienne thanked him and
asked whether a person can get in trouble for not having her
license when driving. Krause explained that she could. He
then told Defendants to have a safe trip and turned to walk
taking four steps away from the Dodge, Krause turned around
and walked to the driver's side window. He asked Angela
if she minded answering a few more questions, and she
consented. He again asked her where they were headed, and
again Adrienne interceded, saying that she did not know the
exact city because her cell phone had not been working for
the past two hours. Krause asked Defendants if they were
related, and they gave different answers. Talking over each
other, Angela said that they were friends, while ...