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AR: Questions of a motorist going right into questions about drugs would lead motorist to believe he was not free to leave

By John Wesley Hall, Jr.

Arkansas concludes that questioning about drugs right on the heels of a warning ticket would lead a reasonable person to believe he was not free to leave and suppressed. Bedsole v. State, CACR08-376 (Ark. App. January 7, 2009): The issue presented is whether a reasonable person in Roger Bedsole’s position would have felt free to ignore State Trooper Condley’s post-traffic-stop questions and proceed on his way. Bedsole was traveling east on I-40 in Pope County when Condley noticed Bedsole’s car cross the fog line onto the shoulder. Condley initiated a traffic stop. Bedsole pulled over and got out of his car to talk to Condley. Bedsole provided his driver’s license, the rental agreement for his car, and answered Condley’s questions...continue to full post

Full post as published by Fourth Amendment on January 07, 2009 (boomark / email).