United States District Court, M.D. Florida, Fort Myers Division
OPINION AND ORDER 
POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.
the Court is Defendant Jeffrey Forget's Amended Motion to
Suppress (Doc. 43) and the Government's opposition (Doc.
46). The Court held an evidentiary hearing on June 25, 2019,
at which Forget was present and represented by counsel. It
took the motion under advisement. The Court now denies
hearing, three witnesses testified: Detective Michael
Holmberg of the Naples Police Department (“NPD”),
Detective Tony Davenport of the NPD, and Nicholas Cronin. The
evidence introduced included two outstanding arrest warrants
for Forget, the NPD's dispatch notes for the incident,
the NPD's Standard Operating Procedures for Property and
Evidence, an NPD Property Receipt, two Driver and Vehicle
Identifications, and pictures from the traffic stop. Based on
all the evidence, the Court makes these findings of fact
material to Forget's motion:
October 10, 2018, Detectives Holmberg and Davenport were
surveying the Naples Inn because its off-season room prices
attract illegal activity. The detectives spotted Forget and
Cronin leaving the parking lot in Cronin's red pickup
truck. Forget was carrying a black backpack. When they
returned, the detectives ran Cronin's license plate and
learned it was registered in Fort Myers.
Holmberg and Davenport again saw Forget, Cronin, and a third
guy leave the Naples Inn's parking lot that day. Forget
got into the front passenger seat of Cronin's truck. He
had the backpack and placed it between his legs on the floor.
Cronin drove and the third guy rode in the backseat. Although
suitcases and bags were in the truck's bed, neither the
detectives nor Cronin testified to seeing Forget carrying or
Cronin drove away, Detectives Holmberg and Davenport followed
in unmarked cars. Detective Davenport pulled next to the
truck's passenger side and saw Forget was not wearing a
seatbelt. Detective Davenport reported to dispatch the
seatbelt violation and the truck's license plate number.
He then initiated a traffic stop around 1:00 p.m. Detective
Holmberg heard the dispatch call and arrived on scene within
Davenport approached the driver's window, requested
everyone's identification, and asked to search the truck.
Cronin did not consent to the search,  but he and the
backseat passenger provided identification. Forget did not.
Almost simultaneously, Detective Holmberg arrived at the
passenger's side door and asked Forget his name,
birthdate, and social security number. Forget said his name
was “Jason Farber” and gave a birthdate. He said
that he did not know his social security number and lost his
wallet. Detective Holmberg recognized prison tattoos on
Forget's arms and asked him if he had been arrested or in
prison. Forget said no.
Holmberg returned to his police car. At 1:07 p.m., he asked
dispatch to pull records for “Jason Farber” and
send a K9 unit. About three minutes later, Detective Holmberg
had Jason Farber's picture from NPD's database. The
picture did not match Forget. Further, Farber lived on
Florida's east coast. Because Detective Holmberg needed
Forget's identity to write the seatbelt ticket-and Forget
kept claiming to be “Jason Farber”-Detective
Holmberg requested a biometric fingerprint scanner, better
known as a “rapid ID.” This device uses a
person's fingerprint to retrieve warrants, arrest
records, and other identification documents. Because
NPD's rapid ID was broken, the detectives asked the
Collier County Sherriff Office for its device. Collier
County's rapid ID arrived on scene around 1:30 p.m. It
identified Forget by his true name and retrieved two
outstanding arrests warrants (federal and state). Forget was
arrested and handcuffed. They searched his person, which
included his wallet. And the K9 unit was cancelled.
Forget's arrest, Detective Holmberg asked Cronin about
the backpack in the truck. Cronin testified he told the
detective that he wanted nothing to do with it and refused to
take it. Detective Holmberg then searched the backpack,
finding counterfeit money with the same serial number. They
also searched the suitcases in the truck's bed which had
counterfeit bills and paraphernalia. The detectives created a
property receipt, which Forget signed. (Gov't Ex. 5).
federal grand jury has indicted Forget for making and
possessing counterfeit money in violation of 18 U.S.C.
§§ 471 and 472. (Doc. 1). Forget moved to suppress
the evidence found during the search, which the Court denied
without prejudice because he did not establish standing.
(Doc. 37; Doc. 40). Forget then filed the pending amended
initially sought to suppress several pieces of evidence in
his wallet, the backpack, and suitcases from the truck. (Doc.
43). By the end of the hearing, however, Forget conceded the
search of his wallet was a proper search incident to arrest
and he lacked standing to challenge the search of the
suitcases. Forget's concessions (supported by the
evidence) leave three issues: (1) whether Forget had standing
to suppress the backpack, (2) whether the stop was
unreasonably prolonged, and (3) whether the search of the
backpack was reasonable. The Court will address each issue in