{"id":52436,"date":"2022-05-26T04:16:53","date_gmt":"2022-05-26T09:16:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52436"},"modified":"2022-05-26T04:32:19","modified_gmt":"2022-05-26T09:32:19","slug":"id-not-unreasonable-to-check-wants-and-warrants-on-passenger-during-a-traffic-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52436","title":{"rendered":"ID: Not unreasonable to check wants and warrants on passenger during a traffic stop"},"content":{"rendered":"\n<p>\u201cThis appeal arises out of a traffic stop where a single officer, without having reasonable suspicion that a crime involving the passenger was afoot, checked the passenger for outstanding warrants. The officer used her patrol vehicle&#8217;s computer and received a \u2018hit\u2019 for a warrant and arrested the passenger. After the arrest, the officer discovered methamphetamine in the passenger&#8217;s purse, the rear of the patrol vehicle where the passenger was seated, and on the passenger&#8217;s person. The district court ordered the methamphetamine evidence suppressed after concluding the officer unlawfully extended the traffic stop by checking the passenger for outstanding warrants absent reasonable suspicion or a safety justification particular to that stop. We reverse and remand as the Fourth Amendment permits law enforcement to check passengers for outstanding warrants as a matter of course during traffic stops because of officer safety concerns.\u201d <a href=\"https:\/\/isc.idaho.gov\/opinions\/48631.pdf\">State v. Wharton<\/a>, 2022 Ida. LEXIS 60 (May 23, 2022).<\/p>\n\n\n\n<p>This inventory followed policy and was otherwise reasonable, despite the investigative motive the police also probably had. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/10\/2022\/2022-Ohio-1733.pdf\">State v. Johnson<\/a>, 2022-Ohio-1733, 2022 Ohio App. LEXIS 1613 (10th Dist. May 24, 2022).<\/p>\n\n\n\n<p>The anticipatory warrant here was lawful, so defense counsel wasn\u2019t ineffective for not challenging it. Gober v. United States, 2022 U.S. Dist. LEXIS 92964 (N.D.Ala. May 24, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThis appeal arises out of a traffic stop where a single officer, without having reasonable suspicion that a crime involving the passenger was afoot, checked the passenger for outstanding warrants. The officer used her patrol vehicle&#8217;s computer and received a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52436\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27,23,39,35],"tags":[],"class_list":["post-52436","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-ineffective-assistance","category-inventory","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52436","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=52436"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52436\/revisions"}],"predecessor-version":[{"id":52439,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52436\/revisions\/52439"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52436"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52436"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52436"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}