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thanked her and asked the passenger to step out of the vehicle. The passenger complied.
Knight-Walker also exited the vehicle. At the time Officer Allen asked her these questions, he
had not issued her a summons or returned her (suspended) driver’s license.
Officer Allen then asked Knight-Walker if there was anything on her person. She said
“no.” He asked her if he could pat her down. She responded with an “mm hmm,” indicating her
agreement. She then complied with Officer Allen’s order to face the vehicle while he conducted
the pat down. Officer Allen then asked her if he could search her purse. Knight-Walker held the
bag open for Officer Allen, who took it from her and explained that he would give it right back
to her. Officer Allen then searched Knight-Walker’s purse. Knight-Walker moved to the rear of
her vehicle. Officer Allen began to search the car. He found drug paraphernalia in the glove
box.
Knight-Walker was later indicted for possession of cocaine. The charge was later
amended to possession of controlled paraphernalia. Knight-Walker filed a motion to suppress,
contending that the officer’s questions impermissibly extended the stop in contravention of
Rodriguez v. United States, 575 U.S. 348 (2015). Following a hearing, the circuit court denied
the motion. The circuit court observed that neither Knight-Walker nor her passenger could drive.
Furthermore, the circuit court noted that, as a practical matter, the officer was not going to leave
Knight-Walker next to her mother’s car, which would give her the opportunity to illegally drive
away. The circuit court distinguished Rodriguez on the basis that the driver in that case had a
valid license and could legally drive away upon the completion of the stop, whereas Knight-
Walker could not. Here, the officer did not extend the stop because he had to wait for a person
with a valid license to arrive and drive the car away. The circuit court further found that Knight-
Walker consented to the search. Jump to an indexed page (10 of 10)