If police get consent to search, does the traffic stop need to end first?

EPISODE · Feb 3, 2022 · 4 MIN

If police get consent to search, does the traffic stop need to end first?

from The Search & Seizure Show

The following is a computer-generated transcription, some grammar and spelling errors may be inherent Hey guys, it's Anthony Bandiero Here, attorney and senior legal instructor for blue to gold law enforcement training, bringing you another roadside chat from the studio. Okay. So here's the question from Texas. The officer says, If I get consent to search a vehicle, does the traffic stop have to end first? Before I can search? And the answer is no. So consent includes with it, the agreement to extend the traffic stop. Does that make sense? So we know that when it comes to traffic stops, you know, the scope of the traffic stop is determined by its mission. Which means why do we stop this person? If we stopped the person for speeding, we have the scope is a speeding investigation, we do not get a free drug investigation, right? So. So that's what it is now. Here, the officer says he actually built up reasonable suspicion for drugs, then asked for consent. And now he's wondering, do I have to stop the traffic stop? And then, you know, ended and then go for the search? And the answer is absolutely not. In fact, that'd be kind of silly, actually. Because if you have reasonable suspicion for drugs, asking for consent is now actually related to the traffic stop, because it concerns what's going on. Um, what you should do is actually put the original reason for the stop on ice. Just if you're writing a ticket, you should probably stop writing that ticket and now diligently pursue what the new issue is right? For drugs and so forth. That's actually what courts would want to see. I've had a there's a case out of Kansas, where the officer had reasonable suspicion pretty early into the traffic stop, did all of the traffic stop. And then, you know, include right in the ticket, all that kind of stuff, and then started pursuing the drug investigation, and then of calling a dog later the core throughout the throughout the evidence, because they're like, hey, look, you were not diligently pursuing your reasonable suspicion. And so that's, that's a great point, put the original reason on ice and then go from there. Okay. If you don't have reasonable suspicion, now, some states require reasonable suspicion before even asking for consent, you know, like Oregon, and so forth. So just think about that. But even if you don't have reasonable suspicion, I mean, the person giving you consent, is, again, consenting to extend the traffic stop here, the officer said, oftentimes, they'll talk to the drivers and ask Is anything any contraband in the vehicle and so forth? And they're like, no, do you want to take a look?..

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If police get consent to search, does the traffic stop need to end first?

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