Show notes
In this archive episode, Dennis revisits permissible questioning on a motor vehicle stop and surrounding case law around it. Recorded on 08/11/2017.
State v Chapman - We are, nevertheless, satisfied that the trooper's initial questions in this case concerning where the defendants had been and where they were going were reasonably related to the reason for the traffic stop http://caselaw.findlaw.com/nj-superior-court-appellate-division/1035452.html?fbclid=IwAR2A6TV5xI63-_jcqxSo0WGlqp3U5KD_BY_nlrkMZf6jteMCS4ZoMgWSFjE (http://caselaw.findlaw.com/nj-superior-court.../1035452.html). State v. Hickman 2000 When there are passengers in a car stopped for a traffic violation, the passengers are subject, as a practical matter, to the same temporary stop as the driver, because passengers do not generally have readily available alternative means of transportation. See Maryland v. Wilson, 519 U.S. 408, 413-14, 117 S.Ct. 882, 886, 137 L.Ed.2d 41, 47 (1997) (“[A]s a practical matter, [in a motor vehicle stop] the passengers are already stopped by virtue of the stop of the vehicle.”); Berkemer, supra, 468 U.S. at 436, 104 S.Ct. at 3148, 82 L.Ed.2d at 332 (“[A] traffic stop significantly curtails the ‘freedom of action’ of the driver and the passengers, if any, of the detained vehicle.”); see also State v. Smith, 134 N.J. 599, 611-19, 637 A.2d 158 (1994); Dickey, supra, 152 N.J. at 483, 706 A.2d 180. Moreover, if a stop for a motor vehicle violation is reasonable, the police do not have to show an independent basis for detaining the passengers, unless the detention goes beyond what is incident to a brief motor vehicle stop.http://caselaw.findlaw.com/nj-superior-court-appellate-division/1000781.html?fbclid=IwAR3IRN7SJ1nQ2d_m8_OMW5oTLa7GFL5iK1f1_i-O8B3758Gl9Xw7mJM4lyE (http://caselaw.findlaw.com/nj-superior-court.../1000781.html)