D.Md.: Taking driver’s cell phone with DL during traffic stop unreasonably extended stop and violated 4A

Taking defendant’s cell phone with DL during a traffic stop unreasonably extended the stop and was in excess of the purpose of a traffic stop. United States v. Morganstern, 2020 U.S. Dist. LEXIS 240746 (D. Me. Dec. 22, 2020).

A police officer approaching a parked car late at night was acting in his community caretaking capacity when he asked for the driver to roll down the window so he could check on her. State v. Foote, 2020 ND 266, 2020 N.D. LEXIS 265 (Dec. 17, 2020).*

Defendant’s staleness challenge was not raised as an IAC claim below. Even if it’s considered on the merits, he would lose because it wasn’t stale. Moore v. State, 2020 Md. App. LEXIS 1208 (Dec. 21, 2020).*

This entry was posted in Cell phones, Community caretaking function, Reasonable suspicion, Reasonableness, Waiver. Bookmark the permalink.

Comments are closed.