May an officer prolong a traffic stop to wait for a second officer to come to the scene? An officer may want another officer present to provide backup, or may need assistance from an officer who speaks Spanish, is proficient at administering Standardized Field Sobriety Tests, or is a certified Drug Recognition Expert. Under Rodriguez v. United States, 575 U.S. __ (2015), a traffic stop may last no longer than necessary to complete the “mission” of the stop -- addressing the traffic violation that prompted the stop while attending to officer safety. When waiting for another officer is part of the mission of the stop is a question with which courts across the country are grappling. Waiting for backup. Several post-Rodriguez cases have addressed whether an officer may wait for backup. Rodriguez itself both recognized that officer safety is a part of the mission of a traffic stop and cautioned that purported “safety precautions taken in order to facilitate” investigations that detour into unrelated crimes are not permissible. Lower courts considering the issue have generally credited officers’ safety concerns and have authorized delays to wait for backup. However, virtually all of the reported cases have involved vehicles with multiple occupants or other indicators of possible danger. Readers interested in further discussion of the propriety of waiting for backup may wish to consult page 58 of Pulled Over, a School of Government book about traffic stops. State v. Campola, __ N.C. App. __, 812 S.E.2d 681 (2018) (where an officer stopped a [...]
Faculty Coordinators
