United States District Court, W.D. Kentucky, Louisville
Charles R. Simpson III, Senior Judge
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.
Factual Background and Procedural History
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
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
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 ...