The Search & Seizure Show

How can police officers turn a traffic stop into a consensual encounter?


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Alright, let's talk about a question that I got from a YouTube viewer. And he puts us in a calm, he says, Anthony, can you do a video on how to turn a traffic stop into a consensual encounter? And why? Yes, I can. This is known my friends as the trooper to step or the clean break rule. So let me give you the context here. So you, you have a hunch that something's going on. You know, you don't necessarily have reasonable suspicion, or even if you do have reasonable suspicion, but you don't have a canine available, you know, but you want to see if you can get consent to search, right? What I recommend is if look, if you have a hunch, or reasonable suspicion, but no cane unavailable or no other resources, if they say no to because it's one that just try to transition the traffic stop to a consensual encounter, then talk to the guy, see if you can, you know, seeking, you know, seek consent to search if he says, yes, go from there. If he says no, then probably have a good day. Right. So what courts want to see, and this is the general in all states, right? What courts want to see is that there's a clean break between the traffic stop, and the transition to the consensual encounter a clean break, meaning is it, you know, clear, obvious to the driver, that he is free to go, and that this new conversation is based upon consent? Is it clear, right? What have you done to establish this clean break now? This is where the trooper to step comes in, and your addiction officers are going to be very well trained in this this thing, but any officer can do it. This is what I recommend. What I recommend is once you've decided what enforce Next, you're going to take a warning ticket verbal warning, whatever you're going to do, right?

Maybe get the guy out of the car, right if it's safe to do so get the guy out of the car. Talk to him about the enforcement action, Sir, here's your warning, your written warning, and so forth, given back all their paperwork and say something like this, sir. That's all I have for you. Do you have any questions, comments or concerns for me? Before you go? And the guy says, No, I appreciate it. I'm good to go, sir. Have a good day. I like officers to then turn around, start walking back there to their car, and then pause, turn back around and say Hey, sir, you know, before you get going, can I ask you a few more questions.

And the guy will usually say Yeah, what's up? That is a consensual encounter. Now this is a little over the top, do you have to do the trooper to step? Absolutely not. There are cases out there where the officer simply said, Sir, you're free to go. But before you go, can I ask you some questions, the courts have upheld it. However, in this day, day and age of high scrutiny by courts against, you know, proactive law enforcement officers. I like officers to just be very clear, and you know about what they're doing and making sure there's no misunderstandings about what's going on. So the two step is a very clean, clear way of letting that guy know, he is free to go. Right. And so that's why I like to see. So that's what I want to see. And you know, in articularly report that you know, based off these Reno's circumstances a reason person will feel free to go therefore I engaged in a consensual encounter...

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The Search & Seizure ShowBy Anthony Bandiero

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