Police tried to manufacture some reason to prolong motorist’s detention. Asked a bunch of questions.

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The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. When determining whether someone’s Fourth Amendment rights have been violated, “the ultimate touchstone . . . is ‘reasonableness.’ ” Brigham City, Utah v. Stuart, 547 U.S. 398, 403 (2006)
(citations omitted). Even an initial seizure based on probable cause “can violate the Fourth Amendment if its manner of execution unreasonably infringes interests protected by the Constitution.” Illinois v. Caballes, 543 U.S. 405, 407 (2005) (citation omitted). “[A] police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.” Rodriguez v. United States, 575 U.S. 348, 350 (2015). Specifically, whether a seizure for a traffic violation justifies a police officer’s investigation of that violation, and the duration of an officer’s inquiries “is determined by the seizure’s ‘mission’– to address the traffic violation that warranted the stop and attend to related safety concerns.” Id. at 354 (citations omitted).
The government’s attempt to characterize the situation as an evolving one misses the mark. To the extent the situation did evolve, it was due to Sergeant Currie unlawfully prolonging what should have been a brief detention so that deputies could impound the vehicle. Otherwise, law
enforcement would be free to extend any detention long enough for probable cause to materialize for some offense, even if wholly unrelated to the offense justifying the initial intrusion.
This incident illustrates the danger in permitting law enforcement to take that approach. After the initial detention and pat down, Sergeant Currie availed himself of every opportunity to manufacture some reason to illegally prolong Davis’s detention. After the initial pat down, even though Davis was not the one approaching the Nissan’s driver side door, Sergeant Currie accused Davis of drinking.
Then, Sergeant Currie accused Davis of having dope on him after Davis
complied with his command to close his eyes. He then, for the first time, expressed that Davis was being “talkative” and “animated.” And once Davis asked for his lawyer and invoked his Fifth Amendment right to remain silent, Sergeant Currie used that as a basis to arrest Davis, claiming that his refusal to answer

Anton Vialtsin, Esq.
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