What is the test for a traffic stop and what is the current state of the law on the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Morales, F073383 (Cal. App. 2017):

"When a police officer makes a traffic stop, the driver of the car [and any passengers are] seized within the meaning of the Fourth Amendment." (Brendlin v. California (2007) 551 U.S. 249, 251.) "A detention is reasonable under the Fourth

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Amendment when the detaining officer can point to specific articulable facts that, considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." (People v. Souza (1994) 9 Cal.4th 224, 231.) "The scope of the detention must be carefully tailored to its underlying justification" (Florida v. Royer (1983) 460 U.S. 491, 500), but there is no defined maximum permissible time limit for a traffic stop. The reasonableness of each detention must be assessed in light of its particular circumstances. (People v. Russell (2000) 81 Cal.App.4th 96, 102.) Circumstances that develop or are discovered during a stop may create reasonable suspicion sufficient to support prolonging the detention. (Ibid.)

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