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Hey guys, it's Anthony Bandiero here with blue to gold law enforcement training. I have another question from an officer from Arizona. And it's a great question. I want to share it with you and give you my feedback on it. And so the question is, Can officers still ask for consent to search a vehicle during a traffic stop? Without that being considered extending the traffic stop for an unrelated region reason, in violation of the Rodriguez decision?

And so the answer is, yes, officers can do it. It is not it does not violate Rodriguez. And here's why. So, first of all, as a little bit of a context, Rodriguez is that decision from 2015 that says that if officers overextend a stop for an unrelated reason, then that violates the Fourth Amendment and evidence to suppress? Well, that just makes sense. I mean, Rodriguez decision was really bad facts make bad law type of logic. The officer there extended the stop for seven minutes to run a canine without any reasonable suspicion, but yet the traffic stop was done. It was over. In fact, Rodriguez was let go. And then he was detained when he did not agree for the dock search. But that decision has not been read in a manner that says, any unrelated questioning absolutely no matter what violates the Fourth Amendment. Instead, what courts are really looking for is, are cops doing something? Are they you know, asking so many questions about an unrelated topic, that it measurably extends a stop, and it cannot be upheld under the Fourth Amendment reasonableness standard. But courts fortunately, and I think this is the right answer, by the way, are not reading Rodriguez in a manner that says any question that does not directly relate to the stop is a violation in of itself. So instead, they're trying to find this balancing test, which is many cases are trying to find that proper balance. So for example, you know, if the officer approaches the car for, let's say, the stop was for speeding, and ask for license registration insurance? Do you have any weapons in the car? Do you have anything illegal in the car, you know, and so forth? Those questions are fine. They don't offend the Fourth Amendment because they do not measurably extend the stop. And moreover, many courts find that those type of questions are actually related to the safety issues of a traffic stop, it would be it would be very beneficial, for example, for an officer to know if somebody has a weapon or that they're transporting narcotics, that's a safety issue. And so some courts handle it that way. But even if they don't directly say that they the questioning still does not extend the stop. That is the same logic that applies to consent to search. Rodriguez is not violated if the occupants or the driver give consent to extend the stop for some other reason, for example, consent to search consent to ask questions that are unrelated to the traffic stop, that the defendant can surely give the officers consent to extend the stop. It's just when the officer does it on his or her own. And especially is very intrusive about it. You know, for example, if the stop is about a faulty blinker, right, and the officer is asking just several questions that have nothing to do with a faulty blinker, you know, or traffic-related issues, but it says it's going down this path of a drug investigation that takes you know, a minute or so that is going to offend the Fourth Amendment and the evidence is likely to be is going to be suppressed. So that is the answer. You know, in some states like Minnesota, and Oregon, the answer is a little different because those states do have a topic restriction on traffic stops. But that is not the general rule in the 48 other states. I hope this helps.