{"id":49543,"date":"2021-09-04T07:45:00","date_gmt":"2021-09-04T12:45:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49543"},"modified":"2021-09-05T07:47:15","modified_gmt":"2021-09-05T12:47:15","slug":"ca10-an-order-to-get-out-of-a-car-does-not-unreasonably-prolong-the-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49543","title":{"rendered":"CA10: An order to get out of a car does not unreasonably prolong the stop"},"content":{"rendered":"\n<p>An order to get out of a car does not unreasonably prolong the stop. <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010110568620.pdf\">United States v. Malone<\/a>, 2021 U.S. App. LEXIS 26136 (10th Cir. Aug. 30, 2021). Summarizing the law: <\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>Five other circuits have held in published opinions that unrelated investigations\u2014like inquiries into criminality or dog sniffs\u2014violate the Fourth Amendment only if they prolong the traffic stop. See United States v. Gholston, 1 F.4th 492 (7th Cir. 2021) (rejecting a Fourth Amendment challenge to a dog sniff because the district court did not clearly err \u201cin finding that [the officer] [had] not unlawfully prolong[ed] the stop\u201d); United States v. Buzzard, 1 F.4th 198 (4th Cir. 2021) (stating that even if the law-enforcement officer\u2019s question had \u201cexceeded the scope of the stop\u2019s mission,\u201d the question would have \u201cpasse[d] constitutional muster\u201d because it hadn\u2019t prolonged the traffic stop); United States v. Yusuf, 993 F.3d 167, 182\u201383 (3d Cir. 2021) (rejecting a Fourth Amendment challenge because the traffic stop had not been prolonged in light of the driver\u2019s need to continue looking for the registration and proof of insurance); United States v. Lott, 954 F.3d 919, 924\u201325 (6th Cir. 2020) (rejecting a Fourth Amendment challenge because a law-enforcement officer\u2019s \u201cquestions about criminal activity unrelated to the traffic stop\u201d did not prolong the traffic stop); United States v. Fuehrer, 844 F.3d 767, 773 (8th Cir. 2016) (rejecting a Fourth Amendment challenge to a dog sniff because the officers were still completing paperwork). In unpublished opinions, four other circuits have reached the same conclusion. See Negrito v. Buonaugurio, 836 F. App\u2019x 36, 39 (2d Cir. 2020) (rejecting a Fourth Amendment challenge because the defendant had not adequately alleged extension of the traffic stop from unrelated inquiries); United States v. Gladney, 809 F. App\u2019x 220, 226 (5th Cir. 2020) (rejecting a Fourth Amendment challenge to unrelated questions because the officer was waiting for resolution of safety concerns); United States v. Kash, 751 F. App\u2019x 1007, 1010 (9th Cir. 2018) (rejecting a Fourth Amendment challenge to unrelated questions because related checks were ongoing); United States v. Rivas, 746 F. App\u2019x 826, 828\u201329 (11th Cir. 2018) (rejecting a Fourth Amendment challenge to a dog sniff, reasoning that the officer had ongoing inquiries relating to a traffic violation).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>An order to get out of a car does not unreasonably prolong the stop. United States v. Malone, 2021 U.S. App. LEXIS 26136 (10th Cir. Aug. 30, 2021). Summarizing the law:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63],"tags":[],"class_list":["post-49543","post","type-post","status-publish","format-standard","hentry","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49543","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49543"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49543\/revisions"}],"predecessor-version":[{"id":49544,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49543\/revisions\/49544"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49543"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49543"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49543"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}