Criminal History and Warrant Checks as a part of the “Mission” of a Traffic Stop.
Robert Phillips
Robert Phillips
  • Ref # CAC00073
  • June 20, 2022

Criminal History and Warrant Checks as a part of the “Mission” of a Traffic Stop.

CASE LAW
  • Traffic Stops and Prolonged Detentions
  • Criminal History/Warrant Checks and Prolonged Detentions
  • The Doctrine of Inevitable Discovery and Prolonged Detentions
RULES

(1) For purposes of officers’ safety, police officers during a lawful detention may request a criminal history check and a check for outstanding warrants without illegally prolonging the detention.  (2) Criminal history and warrant checks are permissible as part of the “mission” of an otherwise lawful detention.   (3) Information obtained when a detention is illegally prolonged may be saved by the Doctrine of Inevitable Discovery.

FACTS

In October, 2016, defendant Anthony Hylton, wearing a mask, dark clothing, sunglasses, and gloves, robbed a Citibank in Henderson, Nevada.  Brandishing a black semi-automatic handgun with brown grips, he foolishly pulled back the side (apparently for effect), ejecting an unexpended round in the process.  Jumping over a counter to the teller’s side, he—even more foolishly—shoots into the floor (again for effect, just in case no one ....

Sign Up