MS: Taking car key from DUI detainee wasn’t a custodial interrogation; it was reasonable to maintain status quo

“Johnson argues that by taking his keys, Parker transformed the routine traffic stop into a custodial interrogation. We disagree. The traffic stop was the equivalent of a ‘Terry stop.’ Berkemer, 468 U.S. at 439. ‘During a Terry stop, officers are “authorized to take such steps as are reasonably necessary to protect their personal safety and to maintain the status quo …”’” Johnson v. State, 2021 Miss. App. LEXIS 144 (Mar. 30, 2021).

Plain view of marijuana during defendant’s arrest in his apartment: “To cut to the chase, the presence of marijuana in Clarke’s apartment at the time of his arrest provided probable cause for the search warrant.” United States v. Clarke, 2021 U.S. Dist. LEXIS 62550 (N.D. Ind. Mar. 31, 2021).*

This entry was posted in Custody, Probable cause. Bookmark the permalink.

Comments are closed.