Stop Allowed Even Though Police Were Stopping Someone Else

Stop Allowed Even Though Police Were Stopping Someone Else

Posted By Kansas City DUI Attorney || 12-Sep-2012

In 2010, the Kansas Court of Appeals determined that brief detention of a driver who had pulled over, pursuant to law enforcement pulling someone else over, did not violate the Fourth Amendment The case was State v. Reiss 45 Kan.App.2d 85, 244 P.3d 693 (12/17/10). In that case, Reiss was driving behind a truck that didn't have its lights on, late at night. The police activated their emergency equipment, and Reiss stopped, even though the activation of the police lights was for the truck without its lights on. This is understandable as the police were behind Reiss, who was right behind the truck. Even though Reiss immediately got out of his vehicle and inquired why he was pulled over, the officer ordered him to get back into his vehicle and was eventually charged and convicted with DUI. The stop was not suppressed, despite being stopped without reasonable suspicion. The Court discussed how this case was an example of the limited circumstances when police action does not violate the Fourth due to the interests of safety. Did the fact that the charge was drunk driving make a difference? It shouldn't. I wonder if the case would have been different if the Defendant had specifically asked the officer if he was free to leave, prior to the investigation actually commencing.

Categories: DUI, Traffic