New opinion — police officer’s questioning unreasonably extended traffic stop [updated]

US v. Clark — criminal — affirmance — Ambro

A police officer stopped a vehicle for traffic violations, questioned the driver, questioned the passenger, pat-down searched the passenger, and, 23 minutes after the stop began, discovered a gun and a marijuana joint on the passenger. Today, the Third Circuit affirmed the suppression of the fruits of the pat-down search, holding that the officer impermissibly extended the traffic stop beyond its mission by questioning the driver about his criminal history and the passenger about other criminal activity after the driver’s authority to drive the vehicle had been confirmed.

Joining Ambro were Jordan and Vanaskie. Arguing counsel were AUSA Norman Gross for the government and Lisa Van Hoeck of the federal defender for the defendant.


UPDATE: A second notable Fourth Amendment development today: in the afternoon, the court posted an order granting panel rehearing in US v. Goldstein, and directing the parties to file supplemental briefs addressing cell-site date and the Supreme Court’s subsequent ruling in Carpenter v. United States. Goldstein’s appeal had been decided last year, my post here; he and two co-defendants were convicted for conspiring to kidnap Orthodox Jewish husbands to aid their wives in obtaining divorces.