Prolonged Detentions and Franks Hearings

• Prolonged Detentions
• The Mission of a Lawful Traffic Stop
• A Motion to Traverse a Search Warrant
• Evidence Sufficient to Justify a Franks Hearing

(1) Knowing that the registered owner of a vehicle has an outstanding arrest warrant is sufficient cause (absence of other evidence to the contrary) for a police officer to stop that vehicle and contact its occupants to check to see if the suspect is in the car.  Once lawfully detained in a traffic stop context, an officer may legally continue the detention of a vehicle’s driver for as long as it reasonably takes to complete the “mission” of a traffic stop.  The “mission” of a traffic stop includes checking the driver’s license (insuring that he can legally drive the car), determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance.  (2) A defendant is entitled to a hearing on the truth of (or material ....