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NE: Telling motorist officer is done and then not letting him leave so officer can repeatedly ask for consent is a seizure

By John Wesley Hall, Jr.

During defendant’s stop for failing to use a turn signal, the officer spent 19 minutes on a warning ticket and then said “I am done,” but, when defendant tried to leave, the officer kept asking questions and trying to get consent. This made the stop unreasonable and without reasonable suspicion. State v. Passerini, 18 Neb. App. 552, 2010 Neb. App. LEXIS 138 (August 31, 2010)*: In sum, the circumstances which we view collectively consist of Passerini's lawfully operating a rental vehicle properly registered in his name, abruptly exiting the interstate, nervousness upon being detained and questioned, and prior drug-related contacts. Based upon our de novo review and considering the totality of the circumstances set forth above, we conclude that law enforcement did not have a reasonable, articulable suspicion that Passerini was involved in unlawful drug activity which would have been sufficient to justify the prolonged detention once the traffic stop had concluded...continue to full post

Full post as published by Fourth Amendment on September 04, 2010 (boomark / email).