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Police prolong traffic stop by asking UBER driver why he took his PASSENGER near a high crime area.

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Manage episode 453608688 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons . . . and effects against unreasonable searches and seizures.” U.S. Const. amend. IV. A traffic stop is a “seizure” of “persons” within the meaning of the Fourth Amendment. Brendlin v. California, 551 U.S. 249, 251 (2007) (holding that passengers as well as the driver are seized during a traffic stop). Therefore it must be reasonable. At its inception, a traffic stop is reasonable if there was probable cause to believe a traffic violation occurred, regardless of the officer's subjective motivation for making the stop. Whren v. United States, 517 U.S. 806, 810, 813 (1996). However, a lawfully initiated traffic stop can become unreasonable if it exceeds the scope or duration necessary to address the traffic infraction. United States v. Whitley, 34 F.4th 522, 529 (6th Cir. 2022) (citing Rodriguez v. United States, 575 U.S. 348, 354 (2015)). “If an officer exceeds the scope or duration of a traffic stop, he must have ‘reasonable suspicion' [of criminal activity] to continue the stop on unrelated grounds.” Id. (citing Rodriguez, 575 U.S. at 354-55).
The Supreme Court explained the lawful parameters of a traffic stop in Rodriguez v. United States, 575 U.S. 348 (2015). “A seizure justified only by a police-observed traffic violation becomes unlawful if it is prolonged beyond the time reasonably required to complete the mission of issuing a ticket for the violation.” Rodriguez, 575 at 350-51 (cleaned up). The mission of issuing a ticket includes incidental inquiries such as “checking the driver's license, determining whether there are outstanding warrants against the driver, and inspecting the automobile's registration and proof of insurance.” Id. at 355. Once “the tasks tied to the traffic infraction are-or reasonably should have been-completed,” the officer no longer has authority to continue the detention. Id. at 354.
Here, Officer Greene initially pursued the mission of the traffic stop. After executing the stop, he told Williams about the inoperable brake light, checked Williams' proof of insurance, and obtained Williams' license and registration. Officer Greene then returned to his cruiser and verified Williams' information. All of these actions are routine inquiries incident to a traffic stop.
Then, Officer Greene deviated from his mission. After verifying Williams' license and registration, Officer Greene possessed all

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

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149 episodes

Artwork
iconShare
 
Manage episode 453608688 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons . . . and effects against unreasonable searches and seizures.” U.S. Const. amend. IV. A traffic stop is a “seizure” of “persons” within the meaning of the Fourth Amendment. Brendlin v. California, 551 U.S. 249, 251 (2007) (holding that passengers as well as the driver are seized during a traffic stop). Therefore it must be reasonable. At its inception, a traffic stop is reasonable if there was probable cause to believe a traffic violation occurred, regardless of the officer's subjective motivation for making the stop. Whren v. United States, 517 U.S. 806, 810, 813 (1996). However, a lawfully initiated traffic stop can become unreasonable if it exceeds the scope or duration necessary to address the traffic infraction. United States v. Whitley, 34 F.4th 522, 529 (6th Cir. 2022) (citing Rodriguez v. United States, 575 U.S. 348, 354 (2015)). “If an officer exceeds the scope or duration of a traffic stop, he must have ‘reasonable suspicion' [of criminal activity] to continue the stop on unrelated grounds.” Id. (citing Rodriguez, 575 U.S. at 354-55).
The Supreme Court explained the lawful parameters of a traffic stop in Rodriguez v. United States, 575 U.S. 348 (2015). “A seizure justified only by a police-observed traffic violation becomes unlawful if it is prolonged beyond the time reasonably required to complete the mission of issuing a ticket for the violation.” Rodriguez, 575 at 350-51 (cleaned up). The mission of issuing a ticket includes incidental inquiries such as “checking the driver's license, determining whether there are outstanding warrants against the driver, and inspecting the automobile's registration and proof of insurance.” Id. at 355. Once “the tasks tied to the traffic infraction are-or reasonably should have been-completed,” the officer no longer has authority to continue the detention. Id. at 354.
Here, Officer Greene initially pursued the mission of the traffic stop. After executing the stop, he told Williams about the inoperable brake light, checked Williams' proof of insurance, and obtained Williams' license and registration. Officer Greene then returned to his cruiser and verified Williams' information. All of these actions are routine inquiries incident to a traffic stop.
Then, Officer Greene deviated from his mission. After verifying Williams' license and registration, Officer Greene possessed all

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

  continue reading

149 episodes

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