Page 45 - TPA - A Peace Officer's Guide to Texas Law 2015

DETENTIONS REASONABLE SUSPICION TRAFFIC STOP MAY NOT BE EXTENDED FOR
OTHER PURPOSE

After completing a traffic stop for a minor offense, completing the warning citation and returning the
driver s license, a K-9 officer had the driver and passenger exit the vehicle and wait for 7 to 8 minutes for a
backup officer to arrive. The officer then conducted a sniff inspection of the exterior of the vehicle with is dog
which indicated a positive reaction for drugs. A search recovered meth for which the driver was prosecuted.
Rodriguez moved to suppress the drug evidence which motion was denied by the District Court and affirmed by
the Eighth Circuit. The U.S. Supreme Court reverses.

The Court held that extending a traffic stop beyond completion of activities tied to the traffic stop or
traffic enforcement violates the Fourth Amendment and that the length of the stop must be reasonable in relation
to the time required for similar traffic stops.

A seizure for a traffic violation justifies a police investigation of that violation. [A] relatively brief
encounter, a routine traffic stop is more analogous to a so-called Terry stop than to a formal arrest. Like a
Terry stop, the tolerable duration of police inquiries in the traffic-stop context is determined by the seizures
mission to address the traffic violation that warranted the stop, and attend to related safety concerns, because
addressing the infraction is the purpose of the stop, it may last no longer than is necessary to effectuate th[at]
purpose. Authority for the seizure thus ends when tasks tied to the traffic infraction are or reasonably should
have been completed.

Beyond determining whether to issue a traffic ticket, an officer s mission includes ordinary inquiries
incident to [the traffic] stop. Typically such inquiries involve checking the driver s license, determining whether
there are outstanding warrants against the driver, and inspecting the automobiles registration and proof of
insurance. These checks serve the same objective as enforcement of the traffic code: ensuring that vehicles on
the road are operated safely and responsibly.

Summary:

A traffic stop may be extended beyond the normal incidents of traffic enforcement only if the additional
detention is supported by reasonable suspicion.

Normal incidents of traffic enforcement may include officer safety concerns, checking for warrants,
checking registration, proof of insurance and driver license. This may also include enforcement of other traffic
code provisions such as checking to be sure that the vehicle complies with applicable laws. The duration of the
traffic stop must be reasonable in relation to stops for similar purposes.

Rodriguez v. U.S., Supreme Court, 4/21/2015, No. 13-9972.

DETENTION REASONABLE SUSPICION FOR TURN SIGNAL VIOLATION SUBSEQUENT
DRUG ARREST.

Alvarado-Zarza appeals the district courts denial of his motion to suppress the evidence of cocaine found
during a stop for a traffic violation premised on his failure to signal properly before turning. The Fifth Circuit
REVERSED the judgment of conviction and REMANDED for further proceedings.

During a traffic stop, the suspect consented to a search of his vehicle during which cocaine was found.
After the suspect was arrested and before receiving a Miranda warning, the suspect told the officer about
additional cocaine in the vehicle.

The suspect moved to suppress the evidence of the cocaine, arguing that the traffic stop was illegal and
that all evidence obtained was inadmissible. At a suppression hearing, while a dash-camera video played, the

A Peace Officer’s Guide to Texas Law 38 2015 Edition