October 21, 2009
"Officer Questioning in a Traffic Stop"Orin Kerr has an interesting post at The Volokh Conspiracy expressing concern about a recent First Circuit case, and others like it, addressing how long an officer can extend a traffic stop by asking questions unrelated to the reason for the stop. As Orin notes, "the Supreme Court has said that the police can ask questions unrelated to the purpose of a stop so long as the questioning does not 'measurably' extend the duration of stop." In the case under discussion, the First Circuit said about a two-minute extension is de minimus--which is not exactly the same as "unmeasurable."
October 21, 2009 | Permalink