5th Circuit opinion on Length of Traffic Stops

U.S. v. Pack (2010) is an important 5th Circuit (La., Miss. & Tex) decision on length of traffic stops. It is consistent with Supreme Court precedent, but seems to make the points more clearly. LINK



The latest edition of FLETC’s “The Informer” summarizes the main points as follows:

“U.S. v. Pack, 2010 U.S. App. LEXIS 14562, July 15, 2010
A detention during a valid traffic stop does not violate the Fourth Amendment where it exceeds the amount of time needed to investigate the traffic infraction that initially caused the stop as long as:
1. The facts that emerge during the officer’s investigation of the original offense create reasonable suspicion that additional criminal activity warranting additional present investigation is afoot,
2. The length of the entire detention is reasonable in light of the suspicious facts, and
3. The scope of the additional investigation is reasonable in light of the suspicious facts.

In this case, following a valid traffic stop for speeding, reasonable suspicion arose after the driver and passenger gave conflicting stories as to their travel history, the passenger appeared to be extremely nervous, and the pair was travelling on a drug trafficking corridor.
The court held that the officer’s suspicion was entitled to significant weight because he had been a law enforcement officer for seventeen years, the length of the entire detention was reasonable in light of the suspicious acts observed, and the scope of the investigation conducted during the detention was reasonable. (The officer requested a canine unit, which responded, and the dog alerted to the trunk of the vehicle. A search of the trunk revealed 17.91 pounds of marijuana and a pistol).”

Source: Federal Law Enforcement Training Center (Legal Division) "The Informer" August 2010

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