Case Law Flashcards
Whren vs U.S.
Pertrains to pre-textual stops in areas of high crime activity/ An officer’s intent or motivation to make a traffic stop is not relevant to the Fourth Amendment standard of reasonableness
U.S vs Cortez
A vehicle can be stopped based on RAS that a crime has occurred, not just a traffic offense.
U.S vs Mendenhall
A female was stopped by two DEA agents at Detroit Airport and asked to accompany them to the office where narcotics were discovered. Controlling case consensual contact vs. detention. The court ruled a person is “seized only when, by means of physical force or a show of authority, his freedom of movement is retrained.” Assessing particular circumstances hinges on whether a reasonable person would feel free to leave or move about freely.
U.S. vs Mendoza
The trooper observes two vehicles traveling together with separate out-of-state plates and suspects they may be involved in auto theft and/or drug trafficking. The troper follows and the vehicle is eventually stopped for a traffic infraction (failure to stop at a sign) Trooper articulated further reasonable suspicion based on observation and extended the stop detaining Mendoza for 40 minutes until the dog arrived. The dog alerted to the gas tank which was packed with meth. The court ruled that waiting 40 minutes for the drug dog was reasonable.
U.S. Vs Berry
The DEA investigated Berry for heroin trafficking and briefed the Louisiana State Patrol while Berry was en route from Houston. 45-minute extension of stop for search. Troopers articulated that Berry gave information inconsistent, Berry was nervous, his hands were shaking, and he would not make eye contact. PC does not dissipate with time.
Ellison vs United States
Individuals do not have a reasonable expectation of privacy in regard to the license plate on their vehicle. A license plate is clearly visible. Additionally, law enforcement can utilize license to conduct checks in local databases to obtain information and build reasonable suspicion/PC
U.S. vs Sanchez
Police were justified in delaying a traffic stop for 45 minutes to run computer checks after it was suspected the passenger had given a fake ID. Officers acted diligently to minimize the detention period by employing the least intrusive means of detention and investigation. During that time, the drug dog alerted to the trunk, and a large amount of weed was located
Pennsylvania vs Mimms
The driver can be ordered out of a vehicle, without suspicion, on routine traffic stops/ officer safety greatly outweighs the inconvenience to the driver.
U.S. vs Williams
The officer can order a passenger in a vehicle, who was trying to exit and leave a traffic stop, back into the vehicle “Allowing a passenger, or passengers, to wander freely about while a lone officer conducts traffic presents a dangerous situation by splitting the officer’s attention between two or more individuals, and enabling the driver the and/ or the passenger (s) to take advantage of a distracted officer.” The need for the officer’s safety and ability to exercise control over the occupants in a vehicle stopped in traffic outweigh the minimal intrusion into the passenger’s liberty.
