Motor Vehicle Exception - Scope Of Vehicle Search
When an
individual motorist is stopped by a police officer for a traffic violation or
for another reason bringing about a reasonable suspicion that a crime is
occurring or about to occur a police officer can detain the individual motorist
on the side of the roadway. But how long cans this detention last?
The amount of
time an officer can detain an individual is not specific or certain, but rather
the amount of time is based upon the initial stop. What this means is that an
officer can detain an individual for an amount of time that it takes for the
officer to determine whether the individual motorist is capable of operating
the vehicle and the police officer has issued a warning or citation. However,
this does not limit the officer to simply ask the driver for his or her
paperwork.
In fact, an
officer can remove the driver from the vehicle, question the driver about
unrelated issues, wait for another patrol car to arrive, and check the driver’s
driving record and criminal history, to name a few.
However, this
general rule does not preclude an officer from extending the stop if the
officer discovers more facts revealing another infraction or crime beyond the
reason for the initial stop. This ideal is founded in the United States
Constitution. Michigan’s Constitution seems to provide preclude an officer from
questioning an individual motorists on unrelated issues not connected to the
initial stop unless the officer is able to demonstrate reasonable suspicion for
extending the scope of his or her questioning.
To conclude if
an officer does exceed the scope of initial stop then an arrest has occurred,
in the eyes of the law, and that would allow for any evidence obtained to be
suppressed later on at trial. It is beyond important to look at every stage of
a traffic stop to determine the necessary legal scope and boundaries police
officer must uphold.
PLEASE DO NOT RELY upon any of the information contained in this
article when trying to represent yourself. You should always consult with an
attorney before relying upon any written advice, article, blog etc.
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