{"id":3599,"date":"2009-12-05T13:57:16","date_gmt":"2009-12-06T03:55:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-05T13:57:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3599","title":{"rendered":"N.D.Ind.: Being asked out of the car is permissible under Mimms<\/em>, and it is not a separate seizure"},"content":{"rendered":"

Where defendant was admittedly lawfully stopped for speeding, being \u201casked\u201d out of the car was not a separate seizure requiring more cause. It was valid under Mimms<\/a>. United States v. McChesney, 2009 U.S. Dist. LEXIS 112197 (N.D. Ind. December 2, 2009):<\/p>\n

The Defendant argues that Officer Hatfield impermissibly started a new seizure by asking him to exit the vehicle and commencing an investigation that was unrelated to the traffic stop. In other words, the Defendant asks the Court to break up the encounter into two or more different seizures, and apply a separate analysis to each. However, the Seventh Circuit has rejected this sort of multiple seizure analysis in favor of an overarching analysis that takes into account the traffic stop as a whole. In United States v. Figueroa-Espana, the defendant argued that once his traffic stop had been completed, any additional investigation by the police officer qualified as an improper second encounter, and any evidence produced therefrom should be excluded. The Seventh Circuit declined to adopt that framework and held that “[t]he fact that the troopers sought further information [unrelated to the traffic stop] does not render this second phase of questions a new seizure …. Rather, the events … are more appropriately analyzed as … an extension of the initial stop based on reasonable suspicion.” 511 F.3d 696, 702 (7th Cir. 2007) (citing United States v. Rivera, 906 F.2d 322-23 (7th Cir. 1990) (finding that an officer’s request to search a car, after giving the motorist a written warning, returning his identification, and indicating that he was free to leave, was part of a consensual encounter and not a new seizure)).<\/p><\/blockquote>\n

\u201cGiven that the stop was proper, Trooper Rindlisbacher did not violate the Fourth Amendment by conducting a license and registration check. See U.S. v. Chavez-Valenzuela, 268 F.3d 719, 724 (9th Cir. 2001), amended 279 F.3d 1062 (9th Cir. 2002). Thus, he properly discovered that none of the occupants in the vehicle owned the car or had a valid driver’s license.\u201d The search of defendant\u2019s purse was not invalid. She was allowed to go, but the ride she called had not arrived, and the officer wasn\u2019t going to wait around any longer, so he searched her purse by consent before she got in the car so he could drive her. [The video of the stop supported it.] United States v. Rojas, 2009 U.S. Dist. LEXIS 112346 (D. Idaho December 2, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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