{"id":3348,"date":"2011-03-31T23:51:25","date_gmt":"2009-08-31T07:33:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-08-31T07:33:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3348","title":{"rendered":"NC: Stop was extended without justification; consent invalid"},"content":{"rendered":"

The driver’s alleged consent to search was obtained after the stop was unreasonably extended for the 20 minutes of the stop without justification. There was no problem with his papers, and he should have been allowed to go on his way. There was no evidence in the record that driver’s papers were returned to him before consent was asked for, and the request for consent was directly stated to be about drugs, something that had nothing to do with the stop. Defendant was the passenger in the car who had standing under Brendlin<\/a>, and he had to have standing or drivers could be stopped just to search passengers. Also, the driver was patted down without justification. State v. Jackson<\/a>, 199 N.C. App. 236, 681 S.E.2d 492 (2009):<\/p>\n

Such interrogation was indeed an extension of the detention beyond the scope of the original traffic stop as the interrogation was not necessary to confirm or dispel Bradley’s suspicion that Roth was operating without a valid driver’s license and it occurred after Bradley’s suspicion that Roth was operating without a license had already been dispelled. Accordingly, for this extended detention to have been constitutional, Bradley must have had grounds which provided a reasonable and articulable suspicion or the encounter must have become consensual. See Myles, 188 N.C. App. at 45, 654 S.E.2d at 755.<\/p>\n

The State does not argue that Bradley had reasonable and articulable suspicion to extend the stop. Furthermore, the occupants of the vehicle had been cooperative with the officers throughout the stop, and Atkins confirmed “there were no problems with any of these folks” while the driver’s license issue was being resolved. In addition, there were no pending warrants for any of the vehicle’s occupants. Accordingly, there was no evidence which could have provided Bradley with reasonable and articulable suspicion to justify the extension of the detention.<\/p>\n

Furthermore, there is no evidence that the encounter became consensual after Bradley’s suspicion that Roth was operating without a license was dispelled. …<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3348","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3348","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3348"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3348\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3348"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3348"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3348"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}