Books and Journals § 3.2 WHAT AN OFFICER MAY DO AT A TRAFFIC STOP

§ 3.2 WHAT AN OFFICER MAY DO AT A TRAFFIC STOP

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§ 3.2 WHAT AN OFFICER MAY DO AT A TRAFFIC STOP

§ 3.2.1 Demand License and Registration

New York v. Class, 475 U.S. 106, 106 S. Ct. 960 (1986)

An officer's demand to see a driver's license and registration papers is within the scope of police authority pursuant to a traffic violation stop.

State v. Paredes, 167 Ariz. 609, 810 P.2d 607 (App. Div. 2, 1991)

It is permissible for a law enforcement officer to request production of a driver's license in connection with a stop.

Rodriguez v. U.S., 135 S. Ct. 1609, 1615 (2015)

Normal officer conduct associated with a traffic stop includes checking the driver's license and proof of insurance, running warrant checks, and verifying vehicle registration.

§ 3.2.2 Search for Registration

State v. Branham, 191 Ariz. 94, 952 P.2d 332 (App. Div. 1, 1997)

The failure to produce registration is not a criminal offense but, is rather a civil traffic violation. Therefore, the failure to produce registration does not provide probable cause to believe that a suspect is involved in criminal activity. However, other facts in combination with the failure to produce registration may provide officers with probable cause. In this case, the officer's search was not supported by probable cause because the State failed to provide any additional evidence that the vehicle in this case might be involved in criminal activity.

State v. Acosta, 166 Ariz. 254, 801 P.2d 489 (App. Div. 1, 1990)

If a driver is unable to produce proof of registration, the officer may conduct a limited search of the vehicle for evidence of automobile ownership. However, this search is limited to places where registration documents may reasonably be found.

§ 3.2.3 Search for Driver's License

State v. Bonillas, 197 Ariz. 96, 3 P.3d 1016 (App. Div. 2, 1999)

When a driver fails to produce his driver's license, an officer has probable cause to arrest him or her. The officer may then search for identification, even though the search occurs prior to an arrest, because the officer has probable cause to arrest the driver. If an officer has sufficient information from which he or she would make an arrest and, as an incident to that arrest, makes a lawful search, the search is not unreasonable if made before instead of after the arrest.

§ 3.2.4 Run Warrant Checks - Driver

State v. Paredes, 167 Ariz. 609, 810 P.2d 607 (App. Div. 2, 1991)

Law enforcement officers are entitled to detain a defendant while a records check is conducted when the defendant has been stopped for a safety...

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