May an Officer Run a Motorist’s Criminal Record During a Traffic Stop?

An officer who stops a motorist for a traffic infraction may run a computer check on the driver’s license and may check for outstanding warrants. The results of these checks may determine how the officer proceeds. For example, if a check reveals that the driver’s license is revoked, the officer may charge the driver with DWLR and may direct the driver that he or she cannot drive the vehicle away from the location of the stop. May an officer also check a motorist’s criminal record? Such historical information is less likely to dictate the officer’s course of action. But knowing whether a motorist has a record of violent crimes may help an officer determine how cautious he or she must be while completing the stop. This post discusses whether an officer may take time to run a motorist’s criminal record, and summarizes two recent cases on point. Record checks and Rodriguez. In Rodriguez v. United States, ___ U.S. ___, 135 S. Ct. 1609 (2015), the Supreme Court ruled that a stop may not be extended beyond the time necessary to complete the “mission” of the stop, which is “to address the traffic violation that warranted the stop . . . and attend to related safety concerns.” Rodriguez states that “checking the driver’s license” and “determining whether there are outstanding warrants against the driver” are “ordinary inquiries” that are a legitimate part of a traffic stop. However, the case doesn’t address criminal record checks. Split of authority. Since Rodriguez, courts have disagreed [...]