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KS: Questions of passenger about travel plans were too intrusive and extended stop

By John Wesley Hall, Jr.

Kansas holds that Muehler v. Mena cannot be applied to a traffic stop, following State v. Smith, 286 Kan. ___, Syl. P 2, 184 P.3d 890 (2008). Questions of the passenger about their travel plans were too intrusive. State v. Morlock, 2008 Kan. App. LEXIS 135 (August 29, 2008): We are persuaded by the substantial legal authority from other jurisdictions that Cocking was permitted to ask O'Kelly where he was traveling from. This routine question was reasonably related to the scope of the traffic stop, and the inquiry did not unreasonably alter the nature or the duration of the stop. Although the question was not directly related to the original reason for the stop, i.e., failing to signal when changing lanes, the question allowed Cocking to determine if O'Kelly was on the proper course, and the question did not unreasonably delay O'Kelly or infringe upon his rights...continue to full post

Full post as published by Fourth Amendment on September 02, 2008 (boomark / email).