This much, however, is clear: an investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop. Defendant's consent had been obtained after officers observed what they believed was an unusually heavy vehicle door and alleged discrepancies in the responses by the occupants as to the length and purpose of the trip.

denied, 294 Md. According to the agent, he could smell marijuana when he put his nose against the rear window which had been covered from the inside. 180, 195 (E.D.N.Y.1995), a case in which "a swarthy Hispanic-appearing male" driving a Cadillac with California license plates was stopped for driving 65 miles per hour in a 55 miles-per-hour zone, the court granted the motion to suppress evidence recovered which was the product of continued detention which led to, in turn, the consent to search. Casebriefs is concerned with your security, please complete the following, Defining Criminal Conduct-The Elements Of Just Punishment, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, 22 Ill.187 F.2d 87, 88 U.S. App. at 886. Term., 1997. Your Study Buddy will automatically renew until cancelled. 365, 375, 568 A.2d 48 (1990) (citing Michigan v. Chesternut, 486 U.S. 567, 573, 108 S. Ct. 1975, 1979, 100 L. Ed.

When asked why he suspected that there were drugs in the vehicle, Trooper Kissner explained that the driver had no form of identification on him and advised that he was en route from Pennsylvania whereas appellant stated that they were traveling from New Jersey. At the other end of the spectrum, a detention for any period of time beyond the effectuation of the purpose for a traffic stop based on a hunch cannot be justified. at 183, 571 A.2d 1239; Perkins, 83 Md.App. In rejecting the basis for Trooper Kissner's suspicions, we said in Whitehead, 116 Md.App.

Ultimately, *86 [t]he test to be applied in determining whether a person has been "seized" within the meaning of the Fourth Amendment is whether in view of all the circumstances surrounding the incident a reasonable person would have believed he was not free to leave. Decided: February 02, 1998 Before CATHELL*, DAVIS and SONNER, JJ. In issuing its ruling, the trial court explained: The court alludes to the twenty-five minutes which elapsed between the call and Trooper Stanford's arrival with Dillon, but fails to address the fact that the operator admitted that he had no valid driver's license when the vehicle was first stopped and Davis's admission was confirmed shortly thereafter when Trooper Kissner radioed the police barracks. And I submit that if you go down the line from stop to delay, to probable cause, to K-9 scan, to recovery, there's nothing wrong with this recovery of c.d.s. The agent sought permission to search the camper, but, after the permission was not forthcoming, the agent confirmed his suspicions that the camper was probably overloaded by stepping on the rear of the truck and observing that it did not sink any lower. Justice Kennedy was referring to what he perceived to be the implications of the Court's decision in Wilson in conjunction with the Court's decision in Whren v. United States, 517 U.S. 806, 116 S. Ct. 1769, 135 L. Ed. Issue. Thus, we must decide in this appeal whether, in the absence of articulable suspicion, a detention of the passenger from the point in time of the seizure of his person, i.e., the order to remain in the car, to the alerting of the K-9, indicating the presence of drugs, comports with decisions construing reasonableness under the Fourth Amendment. As we previously have observed, allowing the K-9 to scan the vehicle for drugs at a point in time when the trooper "was still awaiting the results of the license [and registration] check" in such a fashion "that the scan did not prolong the detention" would have been constitutionally permissible. D.C. 129 (D.C. Cir. [2] Although Trooper Kissner testified appellant produced two forms of work identification and the registration card, neither he nor Trooper Stanford were queried as to whether Appellant was specifically asked if he had a valid driver's license.

We are called upon in this appeal to decide whether, and for how long, police officers may detain a passenger once the stated purpose of a traffic stop has been effectuated. Secondly, Graham's assumption that Slankard's statements were based solely on what she heard after listening to Graham is also mere speculation and is not supported by the record. 2d 89 (1996). [*] Cathell, J., participated in the hearing and decision of this case while an active member of this Court; this opinion was filed subsequent to his appointment to the Court of Appeals. 2d 41 (1997). 491 Sept. [3] Among the exceptions to the warrant requirement of the Fourth Amendment is a valid inventory of an impounded automobile. Approximately thirty to forty minutes after the stop of the petitioners' Pontiac, the agent returned to arrest the driver of the Pontiac. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. United States ex rel. Arthur A. DeLano, Jr., Asst. United States v. Restrepo, 890 F. Supp. Speaking directly to this issue in Royer, the Court said: The predicate permitting seizures on suspicion short of probable cause is that law enforcement interests warrant a limited intrusion on the personal security of the suspect. In a case which involved a detention for "a few minutes," the United States Court of Appeals for the Sixth Circuit affirmed the United States District Court for the Northern District of Ohio which had convicted the defendants for the constructive possession of drugs and related weapons offenses. at 653-54, 693 A.2d 1150: The thread running through federal and State cases discussing intrusions into personal liberties is that the decisions seek to preserve those liberties unless there is demonstrated a public interest concern that must override protections guaranteed by the Bill of Rights. It is further undisputed that, when initially accosted, the driver, Davis, admitted he did not have a valid driver's license and that fact was confirmed shortly thereafter when Trooper Kissner radioed the barracks. Id. Riddick, 319 Md. After directing Davis, the operator of the vehicle, to sit in his police car, Trooper Kissner radioed the police barracks for verification that Davis had no driver's license.

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