Federal Judiciary

D. Neb. Recognizes Split Among Circuits Re Fourth Amendment Violation During Traffic Stop Based on Unrelated Police/Suspect Conversation

Absent consent or reasonable suspicion, the Eighth Circuit Court of Appeals acknowledges a split among the circuit courts with respect to "whether an officer conducting a traffic stop based upon probable cause violates the Fourth Amendment 'by asking a few questions about matters unrelated to the traffic violation, even if this conversation briefly extends the length of the detention,' " but has not resolved the issue in this circuit. See Peralez, 526 F.3d at 1120-21 (noting that the extension in that case, sixteen minutes in which an officer engaged in a "blended process" of conducting a routine traffic stop and drug interdiction investigation, could not be characterized as brief).

Full post as published by Split Circuits on August 18, 2008 (boomark / email).