The Search & Seizure Show

Can an officer run a driver for warrants after suspicion has been dispelled?


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Hey guys, Anthony Bandiero Here, attorney, Senior Legal instructor for Blue to Gold get a roadside chat question from a cop in, in Texas. And basically the COP is asking, Hey, if my reasonable suspicion has been dispelled, can I still run the person for once before I let them go? And here's kind of like a fact pattern. So the officer conducts a reasonable suspicion stop on a motor vehicle, because the insurance is unconfirmed. Okay, so far, so good. Right? The driver presents the insurance at the window. So the driver presents insurance? And is the tropics is the traffic stop over? Is the officer still allowed to conduct a warrant check, and so forth? In check their license? Well, okay. So here's the question for the court. If the reasonable suspicion is over, if that piece of paper is enough documentation for you to believe that the person has insurance, and, you know, if they have insurance, and then it's over, the running of warrants check, or checking their license is not related to the reasonable suspicion. And that's the problem here. Now, if the officer says, Hey, look at my training experience, you know, if it comes back with no insurance, our, you know, our databases are in sync, insurance talks to the insurance companies, there's there still may be a problem with the insurance, maybe we can start doing some more investigation. But if this is a reasonable suspicion stop, you don't get the latitude that you normally get with probable cause stops, see with a probable cause, stop for speeding lane change, and so forth. You get to do those things reason related to conduct that investigation, like running people for wants, and so forth. But with Terry stops, they're much more, much more narrow. And that's the problem here. There is a case and I forget the name, if you ask me for it, I'll throw it into the comments. But there is a case out of Nevada, really about this issue. The the officer believed that a suspect was underage violating curfew, stopped out with him, asked for his ID. And he provided a California ID that showed that he was an adult. But instead of letting him go, the officer random for once came back with a warrant found the gun in a backpack. And the court found that that was unlawful over the tension. And I have to agree. Because if the person provides you an ID that looks legitimate, it is valid, it is not expired, it doesn't look fake, it has the hologram, the picture doesn't look wonky, like it's you know, a, you know, you know, homemade and so forth. Right, then the warrants, check has nothing to do with the crime at issue. You did not stop him because you believed he's wanted. You stop them because you believe that he was underage. And he proved that he was over age, you know, to a fair, you know, I mean, nothing's perfect. They also said, Well, I want to just make sure because a lot of IDs are fake. Well, you're gonna have to something more than that. Just begin making that assumption. I mean, does the Id look fake at all to you? Is he acting, you know, does it look like him in the picture? And that's the kind of the idea here. So that's the case, I have the backup. What I'm saying here, you certainly there's a case out of Illinois where the officer stopped, the person thought there was a registration violation, determine that there wasn't. And before releasing them simply asked him, Hey, can I see your license before you leave? And the person says, Why don't I don't have a license?...

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The Search & Seizure ShowBy Anthony Bandiero

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