Virginia Traffic Stops by Police Significantly Affected by U.S. Supreme Court Decision

           The U.S. Supreme Court recently handed down a decision regarding a person’s 4^th Amendment rights during traffic stops.  The decision directly affects how law enforcement officials in Virginia conduct traffic stops.  In addition, the Court’s decision abrogates, or repeals, two Virginia Court of Appeals decisions.

            The Supreme Court case, Rodriguez v. United States, led the Court to consider “whether an officer, having completed a valid traffic stop, could extend the encounter for a few more minutes to pursue a criminal investigation.”  In other words, could an officer, who pulled a driver over for a civil traffic violation such as a brake light out, delay the traffic violation ticket process in order to pursue a criminal investigation such as a drug offense.  The 8^th Circuit Court of Appeals held that an officer’s seven or eight minute delay, which allowed him to conduct a search with a canine, was permissible and did not violate the defendant’s constitutional rights.  Justice Ginsburg wrote the opinion for the Court’s 6-3 decision, which reversed the 8^th Circuit’s holding.  The initial stop of the defendant was for a traffic infraction, but the officer extended that stop in order to pursue a criminal investigation.  The Virginia Court of Appeals had consistently held that officers were allowed to pursue criminal investigations during traffic stops.  However, the Supreme Court’s holding here in Rodriguez changes the way Virginia police officers can conduct traffic stops and puts the focus solely on the civil traffic infraction.  Justice Ginsburg wrote, “On-scene investigation into other crimes, however, detours from that mission.”

            The two Virginia Court of Appeals cases involved drivers being pulled over for minor traffic violations and police officers extending the length of the traffic stop by asking questions about things unrelated to the traffic stop and checking the drivers’ records.  The Virginia Court had held that a driver’s 4^th Amendment rights were not violated when an officer extended the traffic stop by about ten minutes in order to pursue a criminal investigation.  The Supreme Court’s recent holding contradicts the Virginia Court’s holding because “Authority for the seizure thus ends when tasks tied to the traffic infraction are—or reasonably should have been—completed.”

            Now, when drivers in Virginia are pulled over by police for a traffic infraction and the officer tries to extend the process in order to pursue a possible criminal investigation, the driver’s 4^th Amendment rights are being violated.  Record checks by police are still deemed to be permissible, however, any type of questioning or search outside the scope of the traffic violation that extends the amount of time of the original stop is not permissible. 

            If you or a family member have been arrested in Virginia for a criminal offense as a result of being pulled over for a traffic offense, and would like to consult an experienced Virginia criminal defense attorney for free, contact our office at (703) 916-1227 to schedule an appointment at one of our office locations in Alexandria or throughout Northern Virginia or visit us online at http://www.portnerandshure.com/Criminal-Defense/