{"id":56453,"date":"2023-12-05T18:14:07","date_gmt":"2023-12-05T23:14:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56453"},"modified":"2023-12-05T18:16:56","modified_gmt":"2023-12-05T23:16:56","slug":"ca3-two-minutes-for-a-criminal-records-check-during-a-traffic-stop-was-reasonable-under-rodriguez","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56453","title":{"rendered":"CA3: Two minutes for a criminal records check during a traffic stop was reasonable under <em>Rodriguez<\/em>"},"content":{"rendered":"\n<p>\u201cLaw enforcement officers conduct traffic stops every day. No matter how minor the apparent infraction, every traffic stop must comply with the Fourth Amendment. It wraps every person, and every traffic stop, with a cloak of constitutional protection. The Fourth Amendment also permits the consideration of officer safety when confronting a potentially dangerous situation. Weighing those concerns, we must decide whether the use of a criminal record check, lasting approximately two minutes, can be an objectively reasonable safety precaution related to the mission of the traffic stop under Rodriguez \u2026 and the Fourth Amendment. [\u00b6] It can. We therefore will reverse the District Court&#8217;s grant of the suppression motion and remand for further consideration.\u201d <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/213316p.pdf\">United States v. Hunter<\/a>, 2023 U.S. App. LEXIS 32075 (3d Cir. Dec. 5, 2023) (the whole stop was eight minutes).<\/p>\n\n\n\n<p>\u201cConsidering the facts collectively, this situation arose out of a nighttime traffic stop. \u2026 United States v. Roggeman, 279 F.3d 573, 578 (8th Cir. 2002) (holding that the fact that a traffic stop takes place at night goes to concerns about officer safety). When questioned about the presence of anything dangerous or illegal within the vehicle, Defendant on several occasions alluded to an item beneath the seat. \u2026 Further, the vehicle was registered to another individual. \u2026 Once Officer Justin learned Defendant&#8217;s identity and was able to run it through MULES, he knew that Defendant was on probation and parole for a violent felony (assault in the second degree) and a related gun offense. \u2026 See Garcia, 441 F.3d at 599 (holding that a prior drug conviction and driving a car owned by neither the passenger nor driver created reasonable suspicion); \u2026 These factors contributed to Officer Justin and Officer Trainor&#8217;s suspicion that criminal activity was afoot, and Defendant might be armed, presenting a threat to officer safety.\u201d United States v. Miller, 2023 U.S. Dist. LEXIS 213932 (W.D. Mo. Nov. 2, 2023),* adopted, 2023 U.S. Dist. LEXIS 213928 (W.D.Mo. Dec. 1, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cLaw enforcement officers conduct traffic stops every day. No matter how minor the apparent infraction, every traffic stop must comply with the Fourth Amendment. It wraps every person, and every traffic stop, with a cloak of constitutional protection. The Fourth &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56453\">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":[35,63],"tags":[],"class_list":["post-56453","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56453","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=56453"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56453\/revisions"}],"predecessor-version":[{"id":56455,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56453\/revisions\/56455"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56453"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56453"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56453"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}