Suppose an officer conducts a traffic stop. During the stop, the officer gets a hunch that the driver may have drugs in the car. Can the officer ask the driver for consent to search the car? Even without reasonable suspicion? Does the time it takes to ask for consent, or the time it takes to conduct the search, unlawfully extend the stop? I’ll try to answer these important questions in this post.
Last week, the court of appeals decided State v. Bedient, a significant post-Rodriguez opinion on traffic stops. The court ruled that an officer lacked reasonable suspicion to extend a stop by a few seconds to ask the driver for consent to search. This post summarizes and analyzes the case.