{"id":4038,"date":"2010-05-18T23:18:21","date_gmt":"2010-04-06T17:31:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-06T17:31:26","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4038","title":{"rendered":"CA6: Questions during a traffic stop about weapons in the car were not in violation of the Fourth Amendment"},"content":{"rendered":"<p>Questions during a traffic stop about weapons in the car were not in violation of the Fourth Amendment. Defendant admitted that he had a shotgun. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/10a0095p-06.pdf\">United States v. Everett<\/a>, 601 F.3d 484, 2010 FED App. 0095P (6th Cir. 2010):<\/p>\n<blockquote><p>Defendant Harvey Everett III was convicted of being a felon in possession of a firearm after he volunteered during a traffic stop, in response to the detaining officer\u2019s questioning, that he had a shotgun in his car. He appeals his conviction, arguing that the shotgun should have been suppressed because the officer\u2019s questioning on a subject unrelated to his traffic offense violated the Fourth Amendment. This case presents us with an issue of first impression in this circuit: under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=7971847631731056703&amp;q=muehler+v.+mena&amp;hl=en&amp;as_sdt=1002\">Muehler v. Mena<\/a>, 544 U.S. 93 (2005), and <a href=\"http:\/\/scholar.google.com\/scholar_case?case=9852572620922300922&amp;q=129+S.+Ct.+781&amp;hl=en&amp;as_sdt=1002\">Arizona v. Johnson<\/a>, 129 S. Ct. 781 (2009), when, if ever, may an officer conduct questioning during a traffic stop that (1) is unrelated to the underlying traffic violation, (2) is unsupported by independent reasonable suspicion, and (3) prolongs the stop by even a small amount? We hold that the questioning here did not violate the Fourth Amendment, and accordingly, we affirm.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4038\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-4038","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4038","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=4038"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4038\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4038"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4038"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4038"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}