In what circumstances will a defendant be detained under the Fourth Amendment if he is questioned by a police officer at a traffic stop?

MultiRegion, United States of America

The following excerpt is from U.S. v. Finch, 891 F.2d 296 (9th Cir. 1989):

In United States v. Malone, No. 88-3258 (9th Cir. Sept. 28, 1989), we held under facts nearly identical to the instant case that the initial questioning of the appellant did not implicate his fourth amendment rights. See id., slip op. at 12151. In Malone the defendant was approached by law enforcement officials who identified themselves and asked if he would answer questions; Malone agreed and provided his airline ticket for the officers' review and questions were asked and answered. A detention did not occur until Malone accompanied the officers to their office. Id., slip op. at 12153.

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