{"id":6622,"date":"2012-12-03T08:03:41","date_gmt":"2012-02-03T00:03:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-02T17:15:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6622","title":{"rendered":"AR: If RS exists, stop does not end with the ticket or warning"},"content":{"rendered":"

The record supports reasonable suspicion for continuing the stop. While prior cases say the stop was complete at the time the warning was written, if there was reasonable suspicion, it could be extended for 15 minutes. Menne v. State<\/a>, 2012 Ark. 37:<\/p>\n

Two issues confront this court in the instant case. The first is whether the purpose of the traffic stop was over at the time Trooper Roark requested Menne\u2019s consent to search the vehicle. The second issue is whether Roark developed a reasonable suspicion during the course of the traffic stop that was a sufficient basis to detain Menne further. The parties agree that at the time Roark requested a consent to search, he had not given Menne the warning citation for speeding. According to Roark\u2019s testimony, he had not yet returned all of Menne\u2019s documents to her. Our case law suggests that a stop is not complete until the warning citation and other documents are delivered back to the driver. See Yarbrough v. State, 370 Ark. 31, 257 S.W.3d 50 (2007) (holding that it was permissible for a police officer to ask for consent to search the vehicle when the officer had determined that he would issue a warning ticket but had not yet returned the driver\u2019s identification papers or issued that ticket); see also Sims v. State, 356 Ark. 507, 157 S.W.3d 530 (2004) (noting that the legitimate purpose of the traffic stop ended after the officer handed back the driver\u2019s license and registration along with a warning ticket). Countering that, however, is Menne\u2019s assertion that the warning citation was not provided to her by Roark because he was waiting for the K-9 unit to begin the dog sniff. Because we conclude that Roark had reasonable suspicion to detain Menne, we need not resolve the first issue. <\/p><\/blockquote>\n

Reversing the court of appeals, posted here<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

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