Asking for Consent to Search During a Traffic Stop
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 […]
April 15, 2019
Extending Traffic Stops to Wait for Other Officers
May an officer prolong a traffic stop to wait for a second officer to come to the scene? An officer may want another officer present to provide backup, or may […]
November 26, 2018
Myers McNeill and What Happens When Reasonable Suspicion Dissipates
Last week, the court of appeals ruled that during a traffic stop, an officer may require a driver to produce his or her license and may run computer checks on […]
November 6, 2017
Supreme Court of North Carolina: Officer Did Not Improperly Extend a Traffic Stop by Frisking a Driver and Ordering the Driver into a Patrol Car
In 2015, the Supreme Court of the United States decided Rodriguez v. United States, 575 U.S. __, 135 S. Ct. 1609 (2015). Rodriguez held that it was improper for an […]
April 25, 2017
May an Officer Run a Motorist’s Criminal Record During a Traffic Stop?
An officer who stops a motorist for a traffic infraction may run a computer check on the driver’s license and may check for outstanding warrants. The results of these checks […]
January 31, 2017
Body-Camera Footage Leads to Plain Error Reversal in State v. Miller
My colleagues here have previously blogged about the impact of Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609 (2015), and my predecessor Alyson Grine created a handy […]
September 26, 2016
Ordering Occupants Out of Their Vehicles — And into Officers’ Cruisers
May an officer, during a traffic stop, order an occupant out of the stopped vehicle? Into the officer’s vehicle? The law on this question has become unsettled.
July 19, 2016
Post-Rodriguez North Carolina Appellate Cases at a Glance
By now, most court actors are familiar with the United States Supreme Court’s holding in Rodriguez v. United States, ___ U.S. ___, 135 S. Ct. 1609 (April 21, 2015) (discussed […]
May 10, 2016
Court of Appeals Rules That Officer Had Reasonable Suspicion to Extend Traffic Stop
Jeff Welty in his post here yesterday discussed last week’s North Carolina Court of Appeals ruling in State v. Bedient. Today, I will discuss another ruling decided on the same […]
May 9, 2016
Court of Appeals Finds Extension of Traffic Stop Unsupported by Reasonable Suspicion
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 […]
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- Maggie Bailey
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