Page 56 - TPA Journal May - June 2018

did not find the blue bank bag, but he did find drug joined by back-up at 10:59 p.m. and discovered
paraphernalia. The passenger admitted that she that Appellant had provided a false identity at
had two baggies of heroin, which Kothe had asked 11:00 p.m., a mere five minutes after the initial
her to hold. The officer arrested Kothe and the stop. During that first five minutes, Salinas
passenger for possession of heroin and drug informed the driver of the reason he was pulled
paraphernalia. over, requested the driver s identification and
insurance information, and checked the driver s
Kothe sought to suppress the drug evidence, insurance information. Salinas also asked
arguing that the continued detention of him after Appellant to exit the vehicle and conducted a pat-
the officer had determined that he was not down of Appellant, which he was justified in
intoxicated was constitutionally unreasonable and doing. We cannot say that the five minutes
illegal. Kothe specifically pointed to the between the initial stop and the moment when
estimated three to twelve minutes between when Salinas discovered that Appellant had provided a
the officer determined that he was not intoxicated false name was an unreasonable amount of time to
and when he reapproached him to ask about the investigate the situation. This is particularly true
blue bank bag. We recognized that, on a routine given that Salinass actions were all connected to
traffic stop, police officers may request certain the traffic stop during that time.
information from a driver, such as a driver s
license and car registration, and may conduct a The court of appeals relied on our decision in St.
computer check on that information. We also George in holding that Salinas was not justified in
pointed out that police may diligently pursue prolonging the stop to question Appellant. We
means of investigation likely to confirm or dispel find St. George distinguishable from the present
their suspicions of other crime quickly, so long as case. In St. George, two deputies stopped a
they do not unnecessarily detain the driver. vehicle for having an inoperative license plate
Though police cannot use a license check solely as light. After receiving the driver s license, the
a means to extend a traffic stop, our Fourth deputy asked the passenger for his identification.
Amendment precedent does not dictate that an The passenger identified himself as John Michael
officer making a traffic stop must investigate the St. George and told the deputy he did not have his
situation in a particular order. A license check driver s license with him. Both deputies returned
only unduly prolongs the detention when the to the patrol unit to run the information they
officer s action is unreasonable under the received. The license and warrant checks for the
circumstances. driver came back clear, but there was no record
matching the name the passenger provided. The
Under the circumstances in this case, we cannot officers issued the driver a warning citation
say that Salinas acted unreasonably by approximately nine minutes into the stop.
questioning Appellant before running the driver s
license for a warrant check. In particular, Salinas It was only after the officer indicated to the driver
acted diligently in his investigation into the traffic that the traffic stop was complete, by giving the
stop and questioning Appellant, as indicated by driver a warning, that the other officer began to
the brief amount of time between the initiation of question the passenger. During that questioning,
the stop and Appellants flight and subsequent the deputy learned that the passenger s real name
arrest. Salinas initiated the stop at 10:55 p.m. and was Jeffrey Michael St. George. After a further
Appellant fled from the officers at 11:04 p.m., a ten minutes of questioning after the completion of
mere nine minutes later. Importantly, Salinas was the traffic stop, the deputies arrested St. George

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