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D.Kan.: Stop ended, but officer's reinitiating conversation was by consent

By John Wesley Hall, Jr.

Officer finished his business during a traffic stop, handed back the paperwork and stepped back, telling defendant to drive carefully, indicating that defendant was free to leave, but then stepped forward to converse again. This second move toward the car was consensual. United States v. Gonzalez-Garcia, 2011 U.S. Dist. LEXIS 27360 (D. Kan. March 16, 2011)*: 11. The court is persuaded that the encounter after the return of the documents was consensual. The court believes that Trooper Trinkle conveyed to Gonzalez-Garcia that he was free to leave after he returned the documents. The comment made by Trooper Trinkle to drive safely coupled with his movement away from the window of the car suggested that the traffic stop had ended. In returning to the window, Trooper Trinkle asked in a conversational tone if he could ask some additional questions...continue to full post

Full post as published by Fourth Amendment on March 20, 2011 (boomark / email).