Is it unreasonable for a traffic officer to detain a defendant and his passenger while they are checked for arrest warrants?

California, United States of America


The following excerpt is from People v. Salinas, H038074 (Cal. App. 2013):

practice was to issue warnings instead. (People v. McGaughran, supra, at p. 585.) Nevertheless, after spending three or four minutes with the defendant and his passenger, who both produced identification to the officer, the officer continued to detain the two while dispatch ran them both for warrants. McGaughran held unreasonable the additional period of detention when the officer checked for arrest warrants because it was not "reasonably necessary" to the process of handling the traffic offense. (Id., at p. 587.)

Other Questions


When a defendant is arrested on an arrest warrant from another county for a crime committed in that other county, is the police officer's statement that they would "try to explain the whole thing" to that other agency? (California, United States of America)
If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Can a police officer who was not present at the time of arrest be required to produce the personnel records of the arresting officer? (California, United States of America)
Can an officer make a warrantless arrest when the officer has probable cause to believe the person to be arrested has committed a public offense? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Is a police officer's application for a warrant sufficient to compel a magistrate to issue a warrant for the arrest of a minor? (California, United States of America)
Does a police officer who entered a Defendant's home without a warrant violate section 844 of the California Criminal Code when he entered without a search warrant? (California, United States of America)
Is a police officer's failure to verify the identity of a defendant's oral identification before arresting, handcuffing, searching and placing him in the back of the patrol car unreasonable? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.