201285P.pdf   05/06/2021  United States  v.  Willie Navarette
   U.S. Court of Appeals Case No:  20-1285
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Kelly, Author, with Loken and Benton, Circuit Judges] 
   Criminal case - Criminal law. The initial portion of the traffic stop was 
   extended by the defendant's inability to produce basic identifying 
   documents and the time it took the officer to contact dispatch and attempt 
   to determine defendant's identity; during this initial investigation, the 
   officer learned that defendant was on federal probation and that his 
   possession of a loaded handgun magazine, which the officer saw in plain 
   sight, was likely a criminal offense; as a result, the officer had 
   reasonable suspicion that criminal activity was afoot, and she could 
   extend the traffic stop to address her suspicions; in light of this 
   circuit's silence as to whether Simmons v. U.S., 390 U.S. 377 (1968), 
   permits the use of a defendant's suppression hearing testimony for 
   impeachment purposes, this court cannot say that the district court's 
   decision to allow the government to impeach defendant at trial with his 
   prior testimony at the suppression hearing was not plainly error.