Ninth Circuit Rules Parole Questions During Traffic Stops Are Constitutionally Valid

• Prolonged Traffic Stops
• Mission of a Traffic Stop
• Officers’ Safety During a Traffic Stop

It is not a Fourth Amendment violation to ask about a driver’s parole status during a traffic stop in that to so is a negligibly burdensome measure that is reasonably related to officer safety.  Conducting the mission of a traffic stop includes asking questions related to the officer’s safety, such as whether the person contacted is a convicted felon and whether he has any weapons with him.

In July, 2020, Officers Dorin Buchanan and Patrick Marshall observed defendant Victor Ramirez speeding in a residential neighborhood, failing to stop at a stop sign, and not using his turn signal upon making a turn.  The officers recognized defendant as a gang member even before stopping him. Due to the observed traffic infractions, the officers made a traffic stop.  Officer Buchanan approached defendant and immediately initiated the verbal contact with: “What’s up my man? You on probation or parole ” Defendant responded that he was on parole.  When asked, “For what ”, defendant told the officer that it was, “For a firearm.”  Officer Buchanan followed up with a few more questions such as when it was he had last checked in with his parole ....