Heien v. North Carolina: Is a Reasonable Mistake Enough to Warrant a Traffic Stop?

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Hein v. United States

Docket No.  13-604

Argument Date:  Oct. 6, 2014

HOLDING:    

On December 15, 2014, the Supreme Court of the United States decided that a police officer’s reasonable mistake of law was enough to establish reasonable suspicion to justify a traffic stop and that it did not violate the Fourth Amendment of the United States Constitution.

    

Rodriguez v. United States: De Minimis Car Searches

Rodriguez v. United States

Docket Number: 13-9972

Argument Heard: TBD

ISSUE:
The Supreme Court has previously held that, during an otherwise lawful traffic stop, asking a driver to exit a vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are "de minimis" intrusions on personal liberty that do not require reasonable suspicion of criminal activity in order to comport with the Fourth Amendment.[1]  This case poses the question of whether the same rule applies after the conclusion of the traffic stop, so that an officer may extend the already-completed stop for a canine sniff without reasonable suspicion or other lawful justification.

Guest Post: Illegal Traffic Stop -- What Can a Police Officer Do When He Pulls You Over?

It is the Cops' jobs to protect the public; one way to do that is through legitimate traffic stops.  But what about when a police officer abuses his power?  How far can a cop go during the traffic stop?  And, what can you do to stop him?

THE LAW
Once the purpose of a traffic stop has been satisfied, the continued detention of a vehicle and its occupants constitutes a second stop, and must be independently justified by reasonable suspicion.