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Delaying transmission of license information for 10 minutes and relentless questioning made stop unreasonable

By John Wesley Hall, Jr.

Delaying transmitting information for a license check for ten minutes and then engaging in relentless repetitive questions made the stop unreasonable. United States v. Christy, 2008 U.S. Dist. LEXIS 21885 (D. Neb. March 19, 2008): The evidence shows that Deputy Wintle first inordinately delayed commencing the "routine" tasks related to the stop. He waited more than ten minutes before transmitting license and registration information to the dispatcher, questioning the occupants in the meantime. Twelve minutes into the stop, Deputy Wintle had ascertained that the travelers' documents were in order and they had no arrests or outstanding warrants. By that time, he had decided to issue the driver a warning ticket. In the context of the extensive questioning of the occupants that had already occurred, it is doubtful that a reasonable person in Davis's position would have felt free to leave or to decline the officer's request to answer a few more questions...continue to full post

Full post as published by Fourth Amendment on March 22, 2008 (boomark / email).