{"id":60154,"date":"2025-02-15T15:08:14","date_gmt":"2025-02-15T20:08:14","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60154"},"modified":"2025-02-15T17:37:49","modified_gmt":"2025-02-15T22:37:49","slug":"w-d-mich-a-motorist-can-be-ordered-from-the-car-during-a-traffic-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60154","title":{"rendered":"W.D.Mich.: A motorist can be ordered from the car during a traffic stop"},"content":{"rendered":"\n<p>In 1977, 48 years ago, SCOTUS held in Pennsylvania v. Mimms that officers could order a motorist out of the car during a traffic stop, and that\u2019s not unreasonable today. [We\u2019re still seeing challenges to that for extending a stop unreasonably under Rodriguez, and none of them succeed on that ground alone, obviously, because delay than that is required. I&#8217;ve been ignoring them, but for this one.] United States v. Risper, 2025 U.S. Dist. LEXIS 26004 (W.D. Mich. Feb. 13, 2025).*<\/p>\n\n\n\n<p>The motion to suppress here challenged the government\u2019s photographing notes on a cell phone during a search. The government says it won\u2019t be using that at trial, so the motion is moot. United States v. Combs, 2025 U.S. Dist. LEXIS 25641 (S.D.N.Y. Feb. 12, 2025).*<\/p>\n\n\n\n<p>Petitioner had his full and fair opportunity to litigate his Fourth Amendment claim and lost on the merits. It\u2019s barred on habeas by Stone. Root v. Howard, 2025 U.S. App. LEXIS 3128 (6th Cir. Feb. 10, 2025).*<\/p>\n\n\n\n<p>Officers shooting a barking dog during a DV entry was covered by qualified immunity. Owen v. Prator, 2025 U.S. Dist. LEXIS 24901 (W.D. La. Feb. 11, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In 1977, 48 years ago, SCOTUS held in Pennsylvania v. Mimms that officers could order a motorist out of the car during a traffic stop, and that\u2019s not unreasonable today. [We\u2019re still seeing challenges to that for extending a stop &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60154\">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":[126,40,35],"tags":[],"class_list":["post-60154","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60154","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=60154"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60154\/revisions"}],"predecessor-version":[{"id":60170,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60154\/revisions\/60170"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60154"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60154"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60154"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}