Tag: Traffic Stop

Traffic Stop – Permissible Questions

Traffic Stop – Permissible Questions

United States v. Smith  5thCIR   12MAR2020

In this episode, Bruce-Alan Barnard discusses this case which provides a great example of using questions that are permissible while conducting a traffic stop to establish the reasonable suspicion required under the Rodriguez Rule to extend the traffic stop into a Terry Stop.

Catching Flies with Honey

Catching Flies with Honey

United States v. Bernard, 4thCIR 24JUN2019 – In this case Bruce-Alan Barnard analyzes a case where consent is a key part of extending a traffic stop into an investigative detention and Fifth Amendment Miranda issues are created under the “functional equivalent of questioning.”

He poked the tire!

He poked the tire!

United States v. Richmond   5th Cir. February 8, 2019

In the first Broadcast BLUE podcast of the 2019 season, retired FLETC Senior Legal Instructor Bruce-Alan Barnard summarizes and analyzes the case US v Richmond. This is a significant decision because it applies the definition of a search established by the Supreme Court in United States v. Jones (Jan 2012) to an automobile on the side of a highway.