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United States v. Singh

United States District Court, W.D. Kentucky, Louisville

July 1, 2019

UNITED STATES OF AMERICA PLAINTIFF
v.
Lubana SINGH DEFENDANT

          MEMORANDUM OPINION

          Charles R. Simpson III, Senior Judge

         I. Introduction

         This case is before the Court on Defendant's motion to suppress. DN 54. The United States has responded (DN 55) and the time to reply has expired. Therefore, this matter is ripe for review. Finding that no factual issue exists which would require an evidentiary hearing and that Singh voluntarily consented to the search of his vehicle, the Court will deny the motion in all respects.

         II. Factual Background and Procedural History

          On October 10, 2018, Officer Jeremiah Landry of the Shively Police Department pulled over a car driven by Defendant Lubana Singh. It is uncontested that Singh was speeding and had failed to signal his intent to turn before doing so. See DN 54 at 1 (“Singh has no basis to challenge the assertion that he committed a traffic violation”). After Landry stopped Singh, he activated his body camera. A recording of the encounter has been provided to and reviewed by the Court. See DN 58.[1]

         The video begins with Landry exiting his vehicle, informing Singh of the reason he stopped him, and asking for his driver's license, registration, and proof of insurance. Singh quickly complied while the two engaged in small talk regarding Singh's employment and family. Both Singh and the United States note that the conversation relevant to this motion begins at 2:20 into the video, where the following exchange occurs:

Officer Landry: Well look, is everything alright with you, man?
Singh: Yes sir, pretty good. I'm just-feels, like, awful because I've never got no pull up like that. I mean, nobody stop me because I made a mistake. I'm really apologize.
Officer Landry: She was checking the status of your driver's license. Umm . . . The reason I was asking about is everything is okay with you man is because you seem a little nervous. You're shaking.
Singh: No, because . . . .
Officer Landry: Your hands are shaking.
Singh: No, no, it's [inaudible]-I made a mistake because she almost hit me back there on . . . uh . . . Crums Lane.
Officer Landry: Uh huh.
Singh: And . . . uh . . . I never got pulled over like ...

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