{"id":28751,"date":"2017-08-25T07:17:03","date_gmt":"2017-08-25T12:17:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28751"},"modified":"2017-08-25T07:17:03","modified_gmt":"2017-08-25T12:17:03","slug":"ca10-criminal-history-questions-during-a-traffic-stop-reveal-no-more-than-the-computer-check-would-and-arent-unreasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=28751","title":{"rendered":"CA10: Criminal history questions during a traffic stop reveal no more than the computer check would and aren&#8217;t unreasonable"},"content":{"rendered":"<p>It wasn\u2019t unreasonable for the officer to ask criminal history questions during a traffic stop because the computer check would reveal the same information. Travel plan questions didn\u2019t extend the stop, and defendant\u2019s gun was seen when he got out of the vehicle.  \u201cIf running a computer check of a driver&#8217;s criminal history is justifiable as a \u2018negligibly burdensome\u2019 inquiry useful for officer safety, we fail to see how asking the driver about that history could be unreasonable under the Fourth Amendment. The information requested by Maher did not exceed the scope of what a computer check would reveal. A driver&#8217;s answer may not be as reliable as a computer check but the time involved is much shorter. And just \u2018allowing the officer to ask the question may provide important clues pertaining to safety,\u2019 such as nervous or evasive responses.\u201d <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/16\/16-5125.pdf\">United States v. Cone<\/a>, 2017 U.S. App. LEXIS 16170 (10th Cir. Aug. 24, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It wasn\u2019t unreasonable for the officer to ask criminal history questions during a traffic stop because the computer check would reveal the same information. Travel plan questions didn\u2019t extend the stop, and defendant\u2019s gun was seen when he got out &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=28751\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63],"tags":[],"class_list":["post-28751","post","type-post","status-publish","format-standard","hentry","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28751","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=28751"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28751\/revisions"}],"predecessor-version":[{"id":28752,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28751\/revisions\/28752"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28751"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28751"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28751"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}