NE: Continuing stop past end of mission of stop was without consent

Once the mission of the traffic stop should have ended, the officer continued questioning and sought consent. The consent was not voluntary. State v. Thompson, 30 Neb. App. 135, 2021 Neb. App. LEXIS 223 (Sept. 14, 2021).

Touching the hood to see if a car was recently driven a trespass? “The Supreme Court has clarified that both the Katz reasonable-expectation-of-privacy analysis and the Jones trespass analysis are relevant to the question of whether a search has occurred under the Fourth Amendment. However, we do not decide here whether a momentary touch to the exterior of a vehicle to obtain information constitutes a search under United States v. Jones, 565 U.S. 400 (2012). This is because, even if the officers’ contacts with the vehicle here were searches, the automobile exception applies, and the final touch of the vehicle was supported by probable cause and provides an independent source of the evidence.” State v. Speights, 2021 UT 56, 2021 Utah LEXIS 133 (Sept. 16, 2021).

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