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DE: Passengers are subject to some scrutiny during a traffic stop

By John Wesley Hall, Jr.

During a traffic stop, passengers are subject to some scrutiny. Asking questions of the passenger here led to finding drugs on him and in the car. Loper v. State, 2010 Del. LEXIS 580 (November 19, 2010): Loper’s first claim, that Officer Cancila exceeded the scope of the initial traffic stop by questioning Kennedy, runs as follows: Had Cancila not questioned Loper’s passenger, the police would have never discovered the PCP on Loper’s person or in his car. Because the police had no right to question Kennedy, the evidence ultimately seized as a result of searching Loper should have been suppressed. Loper’s argument fails, because he cannot show that by questioning Kennedy, the police exceeded the scope of the traffic stop or acted unreasonably under the circumstances...continue to full post

Full post as published by Fourth Amendment on November 26, 2010 (boomark / email).