Traffic Stop Case Law Flashcards
The finding of contraband on the driver’s person (was / was not) probable cause to search the passenger area and trunk.
was
US v Parker
Maryland v Pringle - In this case, the Def was one of three men riding in a vehicle. Cocaine was found behind the back-seat armrest and ACCESSIBLE TO ALL THREE MEN. All three denied ownership.
Can all three be charged?
YES
Here’s why - “We think it an entirely reasonable inference from these facts that ANY OR ALL of the occupants had knowledge of, and exercised dominion and control over, the cocaine.”
When a consent to search is sought from a person not in custody, the police (are / are not) required to give the person Miranda type warnings.
Particularly, the police (do / do not) have to tell the person that he has the right to refuse the search.
The overall circumstances, however, will be considered by the court to determine the voluntariness of the consent.
are not
do not
Schneckloth v. Bustamonte
Police (are / are not) required to tell a driver on a traffic stop that he is free to go before asking for consent to search.
are not
Ohio v. Robinette
Constructive possession exists if the defendant…
Knowingly has __ and __ over (contraband)
Has the ___ to ___ dominion and control over (contraband)
Knowing dominion and control over a ___ in which (contraband) is concealed
dominion and control
power to exercise
vehicle
US vs Brito
The indication of drugs after a sniff from a well trained drug detection police dog (is / is not) sufficient to establish probable cause.
is
United States v. Race
If a police officer has sufficient reasonable suspicion, waiting 40 minutes for the drug dog to arrive (is / is not) reasonable.
is
US v. Mendoza
(This means if you suspect drugs are in the vehicle, you can detain them for 40 minutes or even longer to get a K9 to your traffic stop to conduct a sniff)
A Trooper developed reasonable suspicion to detain (the suspect) and call for a drug dog. The Trooper tried to find a close K-9, but could not. He called out another Trooper with a K-9, but he was 45 miles away. It took an hour for him to arrive.
The court said the wait (was / was not) reasonable under the circumstances.
was
US v. Salgado
(Again, if you suspect there are drugs in the vehicle, you can detain the occupants/car while you wait to get a K9 to your location. In this case it took over an hour and the courts were fine with that)
The Court ruled that a traffic stop, ABSENT reasonable suspicion or consent, (can / cannot) be extended even for a few minutes after the conclusion of a traffic stop in order to conduct a K-9 sniff of the vehicle
cannot
Rodriguez v. US
Note - Basically this case means you need reasonable suspicion drugs are in the vehicle to detain them past the duration of a ‘normal’ traffic stop. If you have RS, you are good. If you don’t have RS, you can only keep them there with their consent. But I ask, if you don’t have RS, why are you keeping them there longer anyway? You should be back out looking for a better car. Also, this case is used sometimes if you are having our K9 do an open-air sniff DURING your traffic stop. Sometimes I have Miller sniff a car while I’m writing the warning, checking OSCN, checking warrants, etc. He has to get finished with the sniff before I finish all that IF I do not have good articulable reasonable suspicion.
Subject is nervous, hands are shaking, won’t make eye contact. Is that enough reasonable suspicion to extend a traffic stop and wait for a K9?
Yes
US vs Berry
The use of a flashlight (does / does not) violate the “plain view” doctrine
A police officer (can / cannot) contort or place himself in an unusual position… as long as he is still in a place he has a right to be
does not
can
Texas vs Brown
A person (does / does not) have a privacy interest in the VIN on their vehicle
does not
NY vs Class
An officer’s prior knowledge of a person’s criminal behavior (can / cannot) be considered along with other facts to determine PROBABLE CAUSE even though this information cannot be used at trial.
can
Brinegar v US
Note - criminal history “cannot ALONE establish reasonable suspicion or probable cause.”
A driver (can / cannot) be ordered out of a vehicle, without suspicion, on routine traffic stops.
can
Pennsylvania v Mimms
Note: I would not get into a use of force over this unless you had suspicion of criminal activity
A vehicle (can / cannot) be stopped based on reasonable suspicion that a crime has occurred, not just a traffic offense
can
US vs Cortez
You have PC to search a vehicle.
Can you open closed containers?
Can you open locked containers?
Can you search the trunk?
Yes
Yes
Yes
US v Ross
Can search in CLOSED containers with PC, such as opening a closed paper bag (this case added to Carroll Doctrine, which only said can search with PC)
“Once probable cause to search is established, the officer may search the entire vehicle, including the trunk and all containers therein that might contain contraband.” US v Ross cited in US v Parker
Can you move items covering the VIN on the dash to inspect it?
Yes. There is no privacy interest in the VIN
NY v Class
You find drugs on a driver’s person. Can you search the car? If so, which parts?
Yes
Passenger area + trunk
US v Ross, specifically discussed in US v Parker
Lengthening the detention for further questioning beyond that related to the initial traffic stop is permissible in two circumstances:
Officer has RS
or
Consent
US vs Hunnicutt
You are doing a PC search of a vehicle. Can you search a passenger’s belongings?
YES
“If there is probable cause to search a car, then police officers may inspect all areas capable of concealing the object of the search, INCLUDING passengers’ belongings” - Wyoming v Houghton
OK State case that references this case is Gomez v. Oklahoma 2007
Note: Cannot search passenger’s belongings on a CONSENT search, have to get separate consent from that passenger in that case
Can an officer order a passenger in a vehicle, who was trying to exit and leave a traffic stop, back into the vehicle?
Yes
US v Williams 2005
During a traffic stop, is the passenger of a car seized like the driver?
Yes
Brendlin v CA
Does a passenger have to ID themselves?
No, need PC that they committed some criminal offense (seatbelt, finding drugs near them, etc).
Now, if they start obviously lying to you about their name, you have the crime of obstruction, then you can fingerprint scan them
You (can / cannot) do an automatic search of a vehicle incident to arrest
You arrest a driver. Can you search their immediate seated area incident to arrest?
cannot
Arizona v Gant 2009
(but still can do consent, PC, and inventory searches)
No - could only do if searching for evidence of the crime committed
Can you separate a driver from the passenger and question both about their travel plans during a traffic stop?
Yes
US v Legge
California requires both a front and a rear tag. Wyoming requires only the rear. Can the vehicle be stopped in Wyoming?
No, it only has to comply with Wyoming law
US v Trestyn
You run a tag and the vehicle comes back as a different color. Is that enough RS to stop it?
No
US v Uribe
Someone calls in a vehicle for recklessly driving (ie running another vehicle off the road). They give a vehicle description and tag number.
You find the vehicle, but don’t see any suspicious conduct / driving behavior. Can you stop it?
Yes
The Officer had RS to believe the driver could be driving recklessly because he was drunk, and the failure to see suspicious conduct did not dispel the possibility of him/her driving drunk
Prado Naverette v CA
Can you give someone a warning (rather than a citation) in hopes it will be more likely they will consent to a search?
Yes
US v Garay
Can you order a passenger out of a vehicle, without reasonable suspicion, on routine traffic stops?
Yes
Maryland vs Wilson 1997
A passenger can be ordered out of a vehicle, without suspicion, on routine traffic stops.
There is __ time limit for how long a vehicle can be detained during your investigation as long as you ___ ___ efforts to quickly confirm or dispel suspicions
No
diligent pursue
US vs Sharpe 1985
You have PC to search a car. You find a locked container. Can you open it without a warrant?
Yes
Carroll vs US
US v Ross
Wyoming vs Houghton
CA vs Acevedo