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Unlawfully Prolonged Traffic Stop

Unlawfully Prolonged Traffic Stop

Is it OK under the Fourth Amendment to turn a traffic stop into a criminal investigation? Of course it is, provided the justification for the additional investigation is developed during the reasonable duration of the traffic stop—not after.

June 18, 2015

Vehicle Searches: Incident to Arrest

Vehicle Searches: Incident to Arrest

After Apr. 19, officers and agencies could incur liability for vehicle searches incident to arrest that do not fall within the Gant guidelines.

June 1, 2009

Updating Weapons Frisks

Updating Weapons Frisks

Although it's common to see the term "stop and frisk," it's possible that there might be justification for a stop, but not for a frisk.

April 1, 2009

Seizing and Searching Passengers

In the 2007 decision in Brendlin v. California, the U.S. Supreme Court added yet another to a series of Fourth Amendment opinions on the subject of vehicle searches and seizures involving passengers, rather than drivers.

September 1, 2007

Investigative Traffic Stops

Most traffic stops are routine. You see a moving or equipment violation, make the stop, and issue a citation or warning. Everything’s over in 10 minutes or so.

September 1, 2005

Stop and Identify

Stop and Identify

During a temporary detention, does a person have a duty to identify himself or herself to the detaining officer? Can a person be arrested for refusing to do so? The answer to both questions is, "Sometimes."

October 1, 2004

Vehicle Checkpoints

Vehicle Checkpoints

The U.S. Supreme Court recently considered whether it was permissible under the Fourth Amendment for law enforcement officers to locate witnesses to a fatal hit-and-run accident by setting up a checkpoint to stop vehicles.

March 1, 2004

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