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
You find drugs on a passenger’s person.
Can you search the car?
Can you search the trunk?
Yes (all parts of the car + all containers within)
Yes
“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]
“Defendants maintain, however, that corroborating evidence of contraband found on an occupant of a vehicle does not establish probable cause to search the trunk in the same way as does the finding of evidence in the passenger compartment of the vehicle. The District Court rejected that argument. We argree with the District Court.” [US v Parker]
Carroll v US: Police may conduct a warrantless search of a vehicle stopped on traffic if there is ___ ___ to believe the vehicle contains ___ or ____
probable cause
contraband or evidence
Carroll vs US
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.”
A routine traffic stop (does / does not) rise to the level of “in custody” status for the purpose of the Miranda ruling.
Do you need to give Miranda type warnings to ask consent to search from a person not in custody?
does not (Berkemer vs McCarty)
No (Schneckloth v Bustamonte)
The decision to stop an automobile is reasonable if the officer has ___ ___ to believe that a traffic violation has occurred
probable cause
Whren vs US
Note - can also stop them if you have RS of criminal activity (US v Cortez), but this case (Whren) refers to traffic violations. This is why it’s always best to get PC of a traffic violation prior to a stop (ie when looking for drugs) since the defense will argue “why did you stop them?” and you will say “I saw them commit a traffic violation” and you won’t have to debate your reasonable suspicion
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.
are not
do not
Schneckloth v. Bustamonte
Are you required to tell a driver on a traffic stop he is free to go before asking for consent?
No
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.
Can you detain passengers until the impound inventory is complete?
No
“The mission of traffic stop is to issue summons/warning due to equipment or traffic infraction”, if not diligently pursuing this objective cannot extend the stop further
Rodriguez v US
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
Can you move items covering the VIN on the dash to inspect it?
Yes
NY v Class (there is no privacy interest in a VIN)
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.”
Can you order a driver out of a vehicle without reasonable suspicion?
Yes
Pennsylvania v Mimms
Can you stop a vehicle on reasonable suspicion that a crime has been occurred, even if you don’t see a traffic offense?
Yes
US v 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
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
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
No - could only do if searching for evidence of the crime (which you are arresting him for) committed. If it’s a warrant arrest, cannot search incident to arrest, because that’s simply executing a court order
Arizona v Gant 2009
(Note: Still can do consent, PC, and inventory searches)
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
diligently 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
Can a person in custody grant consent to search?
Can you give consent to search while under arrest?
Do you need to read Miranda first?
Yes (US v Watson, State (OK) v Kemp)
Yes (US v Watson, State (OK) v Kemp)
NO (Cannon V State, Rowbotham v State, Travis white email 1/31/22)
If you develop reasonable suspicion of contraband during a motor vehicle stop, can you ask for consent to search BEFORE completing the stop?
Yes, because you have reasonable suspicion
US v Watson
You arrest a passenger of a car for warrants. Can you search his immediate passenger area incident to arrest?
No - could only do if searching for evidence of the crime committed
Arizona v Gant
Can you do an impound inventory for the SOLE purpose of conducting an investigation (ie for drugs)?
No
US v Sanchez 10th CIR 2018 - An inventory search is invalid only if it is undertaken for the “sole purpose of investigation.” Colorado v. Bertine. “While mixed motives or suspicions undoubtedly exist in many inventory searches, such motives or suspicions alone will not invalidate an otherwise proper inventory search.” United States v. Cecala
Can you unlock a vehicle for an impound inventory?
Can you open up containers found in a vehicle during said impound inventory?
Yes (South Dakota v Opperman)
Yes (CO v Bertine)
