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D.Nev.: A traffic stop does not have to occur immediately to be reasonable

By John Wesley Hall, Jr.

Officer’s delay in making a traffic stop after the occurrence did not make it unreasonable. There is no bright line rule for that. When it was determined that nobody in the car had a valid DL, it was impounded and an inventory occurred. Apparently significantly, the inventory went to conclusion before the officer spoke a word to the defendant about the fake IDs and gun in the vehicle. United States v. Schultz, 2010 U.S. Dist. LEXIS 95439 (D. Nev. May 18, 2010), adopted 2010 U.S. Dist. LEXIS 95426 (D. Nev. September 13, 2010). Defendant failed in a Franks challenge to show a knowing or reckless falsity. At best, he showed that the statement was negligent. And, removing the statement from the affidavit, there still was probable cause. United States v...continue to full post

Full post as published by Fourth Amendment on September 17, 2010 (boomark / email).