Court of Appeals Strictly Limits Scope of Traffic Stops

Yesterday, the court of appeals decided a very important traffic stop case. Its ruling strictly limits officers to pursuing the original justification for a traffic stop, and prohibits officers from extending the stop even briefly for most other investigative activity. This is an area of the law that has been muddled in North Carolina, and this case – whether the ruling stands or is modified by the state supreme court – may help bring clarity to the issue. I’ll revise my paper on traffic stops to reflect the decision. The case is State v. Cottrell. It began when a Winston-Salem officer stopped the defendant for driving at 11:37 p.m. with his headlights off. The officer had also heard loud music coming from either the defendant’s car or another that was nearby. The officer asked the defendant for his license and registration, and the defendant provided them. The officer didn’t notice any signs that the defendant was impaired, extremely nervous, or otherwise suspicious. The officer ran a computer check and determined that the defendant’s license and registration were valid, but that he had a history of “drug charges and various felonies.” The officer then returned to the defendant’s car. He did not return the defendant’s license and registration. He reminded the defendant to keep his music turned down. During the conversation, the officer smelled a strong fragrance, like incense, that he believed was a “cover scent” used to mask the smell of marijuana. He asked the defendant about it, and the defendant [...]