State v. Deatley

All investigative activities during a traffic stop are subject to subject matter and durational limitation, all activity must reasonably be related to the traffic stop or supported by an independent constitutional justification.

While waiting for backup after the observation of an unlawful U-turn, police officer chatted with Defendant and by using a flashlight, saw a plastic bag that appeared to contain methamphetamine in the car. Defendant was convicted of unlawful delivery methamphetamine and one count of unlawful possession of methamphetamine. Defendant argued that following the stop of her car, an officer violated her right to be free from unreasonable search and seizure because there was no “unavoidable lull” during the stop but one which the officer created while waiting for backup. The State argued that remand was necessary because the issue was “why [the officer] walked to the back of defendant’s vehicle” during the investigation. All investigative activities during a traffic stop are subject to subject matter and durational limitation, all activity must reasonably be related to the traffic stop or supported by an independent constitutional justification. Further factual findings are required in this case to determine the appropriate determination of whether or not the evidence should be suppressed. Vacated and remanded.