Post details: TN explains what is a de minimus extension of a stop
08/26/12
TN explains what is a de minimus extension of a stop
Defendant was lawfully ordered out of the car, and it matters not that it was early into the stop or when the papers were returned because the stop is not over until the officer says he can go. Some continuation of stops are minimal intrusions. State v. Donaldson, 380 S.W.3d 86 (Tenn. 2012):
After being stopped for a traffic violation, however, a driver should expect "to spend a short period of time answering questions and waiting while the officer checks his license and registration, that he may then be given a citation, but that in the end he most likely will be allowed to continue on his way." Berkemer v. McCarty, 468 U.S. 420, 437 (1984); cf. Muehler, 544 U.S. at 101 (finding that because questioning of the defendant did not prolong the stop, no independent Fourth Amendment justification was needed for the questioning based upon the legitimacy of the initial stop). "[T]he permissibility of a particular law enforcement practice is judged by balancing its intrusion on the individual's Fourth Amendment interests against its promotion of legitimate governmental interests." Prouse, 440 U.S. at 654. Mimms and its progeny permit the intrusion if the officer merely removes a defendant from his vehicle absent undue delay. The question, however, of where a de minimis intrusion ends and an undue delay begins is necessarily a fact-specific inquiry. See United States v. Everett, 601 F.3d 484, 493-94 (6th Cir. 2010) (recognizing that "a fact-bound, context-dependent inquiry" must be conducted in each case to determine whether the duration of the stop was unreasonable). It is impossible to select "an arbitrary quantity of time and proclaim that any prolongation less than that amount is categorically 'de minimis' — as convenient as such a rule might be." Everett, 601 F.3d at 493. A number of cases, including our Berrios opinion, however, illuminate the distinction. There, the officer not only stopped the defendant for speeding and frisked him for weapons but also placed the defendant in the back seat of a locked patrol car before checking his driver's license and vehicle registration. Because the evidence established that the officer had done so to test the anxiety level of the defendant as an investigative technique, we held that the extended detention, under those particular circumstances, did not qualify as "de minimis." Berrios, 235 S.W.3d at 107. The case before us is distinguishable on the facts. Officer Baker described the stop of the Defendant as "normal." Nothing in the record indicates that it lasted more than five minutes. Unlike the circumstances in Berrios, the intrusion was minimal.
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