What is the test to determine whether a police officer can extend a traffic stop by running an ex-felon registration check?

MultiRegion, United States of America

The following excerpt is from United States v. Landeros, 913 F.3d 862 (9th Cir. 2019):

This court so emphasized in United States v. Evans , published a month after Rodriguez . 786 F.3d 779, 786 (9th Cir. 2015). There, we held that law enforcement impermissibly extended a traffic stop by running an ex-felon registration check unrelated to traffic safety and unsupported by separate reasonable suspicion. Id ."That the ex-felon registration check occurred before ... the officer issued a ticket [stemming from the initial traffic violation] is immaterial," we explained. Id . (brackets, citation, and internal quotation marks omitted). "[R]ather, the critical question is whether the check prolongsi.e., adds time tothe stop." Id . (brackets, citation, and internal quotation marks omitted).

We recognize here, for the first time, that Rodriguez at least partially abrogated this circuit's previous precedent, United States v. Turvin , 517 F.3d 1097 (9th Cir. 2008), upon which the magistrate judge relied and to which the government now cites for support. Turvin held that a police officer did not transform a lawful traffic

[913 F.3d 867]

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