Can a police officer stop a motorist for a traffic violation and search for outstanding warrants?

California, United States of America


The following excerpt is from People v. Chester, A150191 (Cal. App. 2017):

"[W]hile a police officer may stop a motorist for a traffic violation, the detention cannot be prolonged beyond the time period necessary to address the violation." (People v. Gallardo (2005) 130 Cal.App.4th 234, 238.) " '[T]he tolerable duration of police inquiries in the traffic-stop context is determined by the seizure's "mission"to address the traffic violation that warranted the stop, [citation], and attend to related safety concerns, [citation]. . . . Authority for the seizure thus ends when tasks tied to the traffic infraction areor reasonably should have beencompleted.' [Citation.] These tasks include those incidental to traffic enforcement, such as validating a license and registration, searching for outstanding warrants, and checking for proof of insurance."

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