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)
A person’s criminal record (can / cannot) be used as an element of probable cause for an arrest. It, however, cannot be the main reason for an arrest.
An officer (can / cannot) couple knowledge of prior criminal involvement with more concrete factors in reaching a reasonable suspicion of current criminal activity.
can (Beck v Ohio)
can (US v Sprinkle 1997)
When a person gives a general consent to search of his vehicle for drugs, the officer (is / is not) required to get separate consent for each container found that could hold the object of the search
is not
Florida v Jimeno 1991
(note - can’t search consent search passenger’s belongings without their separate consent WY v Houghton)
If there is probable cause to to believe there is contraband in a vehicle, can police conduct a warrantless search of the vehicle, even after it has been impound and is in police custody?
Yes
Chambers v Maroney, reiterated in Texas v White 1975
If an officer has probable cause to search a vehicle after stopping it, the officer (can / cannot) move the vehicle to the station to conduct the search.
can
Texas v. White, 423 U.S. 67 (1975)- The US Supreme Court reaffirmed the Chambers V Maroney 1970 case. If an officer has probable cause to search a vehicle after stopping it, the officer CAN move the vehicle to the station to conduct the search.
Armed robbery suspects were stopped in their vehicle and arrested. All occupants in the car were arrested in a dark parking lot in the middle of the night.
Could the officers take the vehicle to the station to search it?
Yes
Chambers v. Maroney, 399 U.S. 42 (1970) - Armed robbery suspects were stopped in their vehicle and arrested. The officers took the vehicle to the station to search it. It was not unreasonable in this case to take the car to the station house. All occupants in the car were arrested in a dark parking lot in the middle of the night. A careful search at that point was impractical and perhaps not safe for the officers, and it would serve the owner’s convenience and the safety of his car to have the vehicle and the keys together at the station house.
You stop a car. Odor of marijuana, but driver/passenger have medical card. Can you search the car?
Yes,
State v Roberson 2020
(Note: If doing this, DA’s office wants to also have us to have at least one additional RS factor)
If you find a backpack in a car during a consent search, and everyone denies ownership, what happens?
It becomes abandoned property (and can be searched without PC or warrant)
Texas v Brown 1983
Cooks v State of Oklahoma 1985 (can’t object to search of abandoned property)
Menefee v State 1982, citing Abel v US 1960: “[O]ne [who] voluntarily abandons property
has no standing to complain of its search and seizure.”
- Do you have to give an explicit waiver? (Asking an in-custody suspect, after being read the Miranda warning, “are you willing to answer any of my questions?”)
- If they remain silent after you read them Miranda, can you start asking questions?
No
NC v Butler 1979 - an explicit waiver is not required. When an in-custody suspect begins answering interrogative questions after being given a Miranda warning, it can be implied that he has waived his Miranda rights
Yes
Berghuis v Thompkins 2010 - an officer need not obtain a waiver before initiating questioning and remaining silent in the face of police questioning is not an invocation of the right to silence
Can you use criminal history to build reasonable suspicion?
Yes. State v Lewis 2021
‘Prior criminal history can be a “powerful contributer” to an officer’s reasonable suspicion’ US v Moore 2015
However, criminal history alone cannot create reasonable suspicion to prolong a traffic stop. In conjunction with other factors, criminal history is one factor that can justify further detention… US v Davis 2011
In Oklahoma, do you need to Mirandize an in-custody individual prior to asking consent to search?
No
Rowbotham v State (1975), Cannon v State (1995). See Travis White Email 1/31/22
Also, US v Rodriguez-Garcia 10th CIR 1993: As the Tenth Circuit has recently observed, “every federal circuit court which has addressed the Miranda issue presented here has reached the conclusion that a consent to search is not an incriminating statement.”
Someone has invoked their right to counsel. Can you ask consent to search?
No
(See Travis White email 1/31/22)
Is there a time limit for how long you can wait for a canine?
No
US v Mendoza 10th 2006 (40 minutes)
US v Salgado 8th 2014 (1 hour)
Offender has simple possession of more than one type of drug. Can you charge with separate crimes?
No
Fleming v State 2014
21 OS 11
Travis White pdf
Exception - You can charge with separate offenses if in separate containers (note - same pocket different baggies doesn’t count)
You conduct a traffic stop. The driver pulls onto private property. You arrest the driver. Can you impound the vehicle on private property?
Yes
“The fact that Gore pulled over onto private property does not hinder
the officer’s ability to impound and inventory the vehicle.”
Gore v. State, Court of Criminal Appeals - F-2005-0080 (2006) [see Travis White email]
You try to pull a car over (activated emergency equipment) and they drive onto private property. Can you still impound? (Assuming legal reason to do so)
Yes
Starks v State 1985
Gore v State 2005
(NOTE - Our policy says you cannot impound from their own driveway. I don’t know why because there is case law saying we still can, even if they pull into their own driveway)
Detaining driver/passengers on a traffic stop due to reasonable suspicion. Do you need RS that the the vehicle specifically “contains illegal contraband” or RS that ‘some kind of a illegal activity has occurred or is occurring’
Law only requires RS of some kind of illegal activity
State v Bass 2013 OK CR7
“An officer may prolong detention after a traffic stop if the officer has objectively reasonable and articulable suspicion that illegal activity may be occurring” State v Paul 2003 OK CR1
Traffic stop. You suspect there are illegal drugs in the car. Can you order the occupants out and conduct pat downs?
Yes (note - this is one of the rare times you can without having articulable facts they are armed with weapons as required by Terry v Ohio)
“Accordingly, we hold that in connection with a lawful traffic stop of an automobile, when the officer has a reasonable suspicion that illegal drugs are in the vehicle, the officer MAY, in the absence of factors allaying his safety concerns, order the occupants out of the vehicle and pat them down briefly for weapons to ensure the officer’s safety and the safety of others.”
US v Garcia 10th CIR 2006, citing US v Sakyi 1998
Can you inquire into matters unrelated to the traffic stop?
Yes
so long as those inquiries do not measurebly extend the duration of the stop
Arizona v Johnson 2009
If the owner of a vehicle is a passenger in the car, who do you ask for consent to search? (Owner or driver?)
Owner
Johnson v State 1995 OK
A private DRIVEWAY which extends from a highway to a single-family residence (is / is not) contained within areas in which someone can be charged with driving under the influence
is
State v Silas 2020 OK CR10, Travis White email, 47 OS 11-902
You conduct a traffic stop. The driver pulls onto private property. You arrest the driver. Can you impound the vehicle on private property?
Yes
“The fact that Gore pulled over onto private property does not hinder
the officer’s ability to impound and inventory the vehicle.”
Gore v. State, Court of Criminal Appeals - F-2005-0080 (2006) [see Travis White email]
If a K9 alerts on a vehicle while it is unoccupied, but no drugs are found during the PC search, can the officer then search the persons?
Yes
US v Anchondo 1998
Can you make pretextual stops?
No, BUT if you get PC to stop them (ie via an equipment or traffic violation) it is no longer a pretextual stop and the reasons why you want to stop them don’t matter
State (OK) v Strawn 2018 “The district court’s recurring concerns that Trooper Koch’s actions in connection with this stop were a mere pretext to conducting a search of Strawn’s truck… Again, Trooper Koch had probable cause to believe that a traffic violation had occurred. Thus, his decision to stop Strawn’s vehicle was wholly reasonable regardless of his subjective motivation for the stop.”
You see a ‘good’ car. You follow them until you observe a traffic/equipment violation, then pull them over. Is that legal?
Yes
“an initial stop is constitutionally valid if the officer had reasonable suspicion to believe that the defendant violated a traffic or equipment regulation. It is irrelevant whether: (1) “ ‘the stop in question is sufficiently ordinary or routine according to the general practice of the police department or the particular officer making the stop’ ”; and (2) “the officer may have had other subjective motives for stopping the vehicle.”
“It is therefore irrelevant to the validity of the initial stop whether Trooper Bushnell may have had subjective motivations for the stop. “
US v Parker 1995
You find drugs on a passenger’s person. Can you search the car? If so, which parts? Trunk?
Yes, Entire vehicle, 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
You make a traffic stop based on RS of drunk driving. Can you extend the traffic stop if you develop reasonable suspicion of other crimes?
Yes
US v Hunnicutt, 10th CIR 1998. Glenpool OK officer stops based on suspicion of drunk driving + observing improper lane usage. Develops further RS of guns/drugs, and extends the stop to investigate.
“Police officers need not close their eyes to suspicious circumstances. Under the totality of the circumstances, Mr. Hunnicutt’s further detention and questioning were supported by a reasonable articulable suspicion of illegal activity.”
In conjunction with other factors, criminal history contributes ___ to the reasonable suspicion calculus.
powerfully
United States v. Simpson, 609 F.3d 1140 (10th Cir. 2010) cited in US v White 10th CIR 2009 citing US v Santos 10th CIR 2005
Does probable cause mean the probability needs to be greater than 50%?
No
“In short, the requisite fair probability is something more than a bare suspicion, but need not reach the fifty percent mark”
US v Garcia 5th CIR 1999
“Probable cause for a search warrant does not require an officer’s suspicion about the presence of contraband to be more likely true than false”
US v Ruiz 10th CIR 2012
“The Tenth Circuit clearly permits a district court to consider ___ or ___ travel plans as factor to establish reasonable suspicion.”
vague or inconsistent
US v Avezov United States District Court, N.D. Oklahoma 2010
A driver must be permitted to proceed after a routine traffic stop if a license and registration check reveals no reason to detain the driver UNLESS the officer has ___ of ___ crimes or the driver voluntarily consents.”
reasonable articulable suspicion (RS)
other
State (OK) v Strawn 2018, citing State (OK) v Goins 2004
You see a driver weaving between lane lines, but they never actually cross and commit a traffic violation. Can you stop them?
If so, could you develop RS for a canine, supposing you develop RS that illegal narcotics may be in the vehicle?
Yes because “after witnessing his driving conduct, the officer had a reasonable articulable suspicion that Mr. Hunnicutt was driving under the influence of alcohol.”
Yes. “(The DEF) failed to stop promptly, which led the officer to wonder whether the occupants were stuffing things under the seats; and after the stop, the passengers repeatedly moved back and forth and leaned over… the extreme nervousness of the passengers and the inconsistent statements about destination. Police officers need not close their eyes to suspicious circumstances. Under the totality of the circumstances, Mr. Hunnicutt’s further detention and questioning were supported by a reasonable articulable suspicion of illegal activity. No individualized reasonable suspicion of criminal activity was required to call the canine unit.
An Oklahoma officer did exactly this in US v Hunnicutt 10th CIR 1998, which is cited in State (OK) v Goins 2004
“No ___reasonable suspicion of criminal activity was required to call the canine unit.”
individualized
US v Hunnicutt 10th CIR 1998 (cited in State v Goins 2004)
You have facts to believe an item may be evidence of a crime, but you are not 100% certain that it is. Can you seize it?
(Example: Methed out guy in possession of debit/credit cards with various names)
Yes
“A police officer need not “know” that a certain item is evidence of a crime in order to seize it, but need only have probable cause to believe that it may be useful as evidence of a crime.”
Payne v State (OK) 1987 citing Texas v Brown 1983
You see an equipment violation, try to stop the vehicle, but it fails to yield, then the driver runs inside their house. Can you fresh pursue and enter the house without a warrant?
No
Mascarro v Billings
Re-affirmed in Lange v CA SCOTUS 2021
You have PC to believe contraband is in a car and begin a PC search. (Example: smell of marijuana, extremely nervous, late at night, past criminal history). Can you search a passenger’s purse?
Yes, because it’s a PC search
US v Ross - During a PC search you “can search every part of the vehicle and its contents that may conceal the object of the search”
Wyoming v Houghton - drugs found in PASSENGERS purse during PC search after syringe found on driver which he admitted was for drugs
If there is probable cause to search a car, then police officers (may / may not) inspect all areas capable of concealing the object of the search, (including / not including) passengers’ belongings
may
including
Wyoming v Houghton
You get consent to search from a driver, then find contraband.
Does that give you PC to search the entire car?
Does that then give you PC to go inside passenger’s belongings?
Yes
Yes (WY v Houghton)
If a canine alerts to a vehicle, what can you search?
The entire vehicle, including trunk AND passenger’s belongings
You have probable cause to search a car. Does that give you probable cause to search the occupants’ PERSONS as you get them out?
Not necessarily, BUT
- If you see contraband in plain view, then you could PC search everyone’s person
- Once you find any contraband in the car you can PC search driver’s person
- Once you find contraband in car within reach of a passenger you could PC search their person
- If a dog alert is your PC, and you don’t find drugs in the car, can then search occupants’ persons (US v Anchondo)
Can you charge for fentanyl without field testing? If so, how?
Yes
One M30 pill is approximately 1/10th of a gram
OSBI testers have reported fake M30 pills are majority fentanyl
General rule is over 10 M30 pills sufficient for trafficking
DA’s Office (Travis White): Officer training/experience, along with articulable facts, are sufficient for identification in absence of a field test
Drug Recognition PowerPoint Class, taught by D21 TFO Gay, 6/28/22
You are impounding a vehicle due to arresting the driver. Driver is owner of vehicle. Can you release it to his designee?
Same scenario, but driver is not owner of vehicle. Owner is not on scene. Can you call the owner and have them come get the vehicle?
No
No
Impound Procedure 500.6.1
For the safety of both the occupants and the police, an Officer should maintain an ___ ___ of that traffic stop
unquestioned command
Arizona v Johnson US 2009
If a police officer has a lawful right to be in a position to have a particular view, (any / no) object that falls within that view may be subject to seizure and may be introduced into evidence.
any
Harris vs US
Stationary radar - Do you HAVE to test it with a tuning fork prior to use?
Yes
Commonwealth of Kentucky vs Honeycutt
A vehicle impounded for parking violations (can / cannot) be unlocked, entered, and inventoried by the police as part of their “caretaking” function without violating the Fourth Amendment.
Any drugs or other evidence or contraband (can / cannot) be lawfully seized.
can
can
South Dakota v Opperman
A readily mobile motor home. Is it a vehicle or residence? If vehicle, is it subject to the same rules as vehicle searches?
Vehicle
Yes
CA v Carney
A dangerous high-speed car chase is threatening the lives of innocent bystanders.
Can a police officer attempt to termite the chase via TVI even if it places the fleeing suspect at risk of serious injury or death?
Yes
Scott v Harris
Ordering people out of a vehicle at gunpoint and proning them on the ground, then handcuffing and securing them in a patrol car without any factual reason to believe they were armed and dangerous is (lawful / unlawful) arrest
unlawful
Maresca v Fuentes
An officer (may / may not) conduct a Terry type search of a vehicle’s interior if there is reasonable suspicion that there is a weapon readily accessible in it.
may
Michigan v Long
Lawfully stopped vehicle + reasonable suspicion to believe there is it immediately available weapon in the vehicle you can do a “wing span “ search (assuming there was a possibility of access, such as them returning to the vehicle and accessing the weapon)
You have a vehicle lawfully stopped and the occupants outside the vehicle. You have reasonable suspicion that there is a weapon within the immediate reach of one of the occupants’ seats, the occupants are dangerous, and there is a possibility of said occupants returning to the vehicle and accessing the weapon.
Can you do a “wing span” search of the seated area?
Yes
Michigan v Long
Note - The possibility of them returning can be from the possibility of their detention ending once the traffic stop concludes
Could slowing down, stiffening of posture, and failure to acknowledge a sighted law enforcement officer be unusual in some instances?
Yes
US v Arvizu
Only __ nervousness can substantially contribute to reasonable suspicion
extreme
US v Lopez 2017 10th CIR
You know someone has a suspended/revoked DL. You see their vehicle driving around. Do you have reasonable suspicion to stop them?
Yes (could even get from 28 info)
“(The Depurty) also knew that the registered owner of the truck had a revoked license… Deputy Mehrer drew the commonsense inference that Glover was likely the driver of the vehicle, which provided more than reasonable suspicion to initiate the stop.”
Kansas v Glover USSC 2020
Can you have Dispatch run a subject’s criminal history (Triple I) during a traffic stop?
Yes
US v Mayville 10th CIR 2020 says you don’t even need RS to do so (but I would get RS so you could prolong the stop, and you probably have RS anyway if you feel like you need to run a Triple I)
You run a plate and eventually figure out the vehicle’s registered owner has warrants. Can you RS stop the vehicle?
Yes
Kansas v Glover (SCOTUS 2020) held it is a reasonable inference that the registered owner of a vehicle is likely the vehicle’s driver (unless you can plainly see it is not them ie male owner female driver)
(Note: I would do everything I could to get PC, that way the driver HAS to identify… otherwise you are just stopping to confirm/dispel driver is registered owner)
Can you get probable cause from a suspect’s admission?
Example: Drugs found in suspect’s girlfriend’s purse. He says it’s his. Do you now have PC to arrest him for Possession of CDS?
Yes
Rawlings v KY, US 1980
Can an officer open a locked container during an impound inventory?
Yes (assuming their policy allows opening closed containers during a impound inventory)
Florida v Wells (SCOTUS 1990)
Can an Officer or their agency be held liable for damage (absent gross negligence) when using reasonable care to remove a vehicle from the roadway?
No
47 OS 11-1002 (B)(2)
During a search, you find contraband near where a passenger was seated. Can you now search that passenger’s person?
Yes
Can you search a driver’s person if you find contraband in the vehicle during a search?
Yes
Can you go through passengers’ belongings during an impound inventory?
Yes
Contraband found in a vehicle which was accessible to all three occupants. All deny ownership. Can all be charged with construction possession?
Yes
Maryland v Pringle
You see CDS/paraphernalia in plain view in a car.
Does that give you PC to search the car? If so, which parts?
Does it give you PC to search the passenger’s belongings?
Does it give you PC to search the occupants’ persons?
Yes (the entire car)
Yes (if doing a PC search of vehicle, can search all containers belonging to any/all occupants per Wyoming v Houghton)
Yes (because the contraband found could have been possessed/discarded by any occupant)
You find CDS on a driver’s person.
Does that give you PC to search vehicle?
Does that give you PC to search occupant’s belongings?
Yes, the entire vehicle (US v Parker)
Yes (WY v Houghton)
You are doing a consent search. You find a bag which likely belongs to a passenger (ie male driver, purse found in passenger seat where a female was seated). Can you search it?
No, unless that female passenger gives you consent
Note - you could continue to consent search the car until you find contraband, which gives you PC to search the entire car, including the passenger’s belongings
If someone tells you there is something illegal in their car or in their person, is that PC to search?
(IE they say they have a little weed in the car, but don’t have a medical card)
Yes
