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D. Kan.: Telling motorist about to leave from a highway stop to put car back in park was a seizure

By John Wesley Hall, Jr.

After traffic stop was over and officer heard car shifted into gear, he walked back to the car to ask more questions, and the driver said "We're done." Officer then told him to put the car in park. That was another seizure. And, with apologies to the experience of the officer, it was without reasonable suspicion. United States v. Diaz, 2008 U.S. Dist. LEXIS 59708 (D. Kan. August 5, 2008): After the purpose of the traffic stop is complete, however, "further detention for purposes of questioning unrelated to the initial stop" is generally impermissible. Bradford, 423 F.3d at 1156-57. In general, "lengthening the detention for further questioning beyond that related to the initial stop is permissible in two circumstances. First, the officer may detain the driver for questioning unrelated to the initial stop if he has an objectively reasonable and articulable suspicion illegal activity has occurred or is occurring...continue to full post

Full post as published by Fourth Amendment on August 09, 2008 (boomark / email).