On August 26, 2020, at approximately 2:32 AM, Odom drove past two California Highway Patrol officers at 92 miles per hour, in violation of California law. ECF No. 1 at 5. The officers followed the vehicle and instructed Odom to stop, roll down the windows, and turn off the car. He complied immediately. Dashcam 1:04-1:12. After the car stopped, Officer Guajardo approached the passenger-side window and Officer Lee approached the driver's side. Id. at 1:32-1:42. Officer Guajardo told Odom that he was speeding and asked for his license, insurance, and registration. ECF No. 1 at 5. Odom explained that he did not have any of those items, and his license was suspended, but provided Officer Guajardo with a California Identification card. Id. According to Officer Guajardo, Odom "was shifting and moving around in the vehicle" and "appeared nervous." ECF No. 39-1 ¶ 5. Odom explained that the car belonged to his sister. Dashcam 2:22. A few seconds later, Officer Guajardo asked "How far are you from home?" Id. at 2:19, and Odom replied that it was "literally right up the street." Id. at 2:21. When asked whether he was on probation or parole, Odom said he was not. ECF No. 39-1 ¶ 5.

The officers then conducted a DMV records check and a Criminal Records Information Management System (CRIM) check. The parties dispute whether Officer Guajardo ran both checks himself or whether he requested help from dispatch. Based on the DMV records check, Officer Guajardo learned that Odom's license was withheld for failure to appear. From the CRIMS record check, Officer Guajardo learned "that Odom had affiliations with criminal gang activity and that Odom had firearms-related criminal history." Id. ¶ 7.

Because Odom did not have a valid license, Officer Guajardo "planned to have the vehicle towed after the completion of the stop." Id. ¶ 11. Officer Guajardo asked Odom to step out of the vehicle, conducted a pat-down search, and felt a firearm near Odom's waistband. Id. Officer Guajardo removed the firearm, which contained one round of ammunition in the chamber, placed Odom in handcuffs, and then recovered 19 rounds of ammunition from Odom's person. Id. Officer Guajardo then placed Odom under arrest pursuant to 18 U.S.C. § 922(g)(1). 

Odom now moves to suppress the gun and ammunition found during the search because (1) Officer Guajardo unconstitutionally prolonged the stop by asking about Odom's probation and parole status; (2) Officer Gua

Anton Vialtsin, Esq.
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