{"id":7527,"date":"2023-10-27T15:35:08","date_gmt":"2023-10-27T15:35:08","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7527"},"modified":"2026-09-22T07:43:16","modified_gmt":"2026-09-22T14:43:16","slug":"traffic-stop-searches-with-consent","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7527","title":{"rendered":"Traffic Stop Searches with Consent"},"content":{"rendered":"

Here’s a question from Texas. The officer says, If I get consent to search a vehicle<\/a>, does the traffic stop have to end before I can search?\u00a0 <\/strong>And the answer is\u201dNo<\/strong>.\u201d<\/p>\n

Consent includes with it the agreement to extend the traffic stop.\u00a0 Does that make sense?\u00a0 We know that when it comes to traffic stops, the scope of the stop is determined by its mission.\u00a0 Which means, why did we stop this person?<\/p>\n

If we stopped the person for speeding, the scope is a speeding investigation.\u00a0 We do not get a free drug investigation, right?\u00a0 So that’s what it is now; a speeding stop.<\/p>\n

Do you have to end the traffic stop before you search on consent?<\/h2>\n

Here, the officer says he actually built up reasonable suspicion<\/a> for drugs, then asked for consent.\u00a0 And now he’s wondering, do I have to end the traffic stop and then do the search?\u00a0 The answer is \u201cAbsolutely not.\u201d<\/strong><\/p>\n

In fact, that would be kind of silly.\u00a0 Because if you have reasonable suspicion for drugs, what you should do is actually put the original reason for the stop on ice.\u00a0 If you’re writing a ticket, you should probably stop writing that ticket, and now diligently pursue what the new issue is; the drugs and so forth.\u00a0 That’s actually what courts would want to see.<\/p>\n

What happens if you finish the ticket before working the drug investigation?<\/h2>\n

There’s a case out of Kansas, where the officer had reasonable suspicion pretty early into the traffic stop and did all of the traffic stop.\u00a0 Then, he started pursuing the drug investigation, and\u00a0 calling a dog later.\u00a0 The court threw out the evidence, because,\u00a0 \u201cHey, look, you were not diligently pursuing your reasonable suspicion.\u201d\u00a0 That’s, a great point.\u00a0 Put the original reason on ice and then go from there.<\/p>\n

Now, some states require reasonable suspicion before even asking for consent, like Oregon, and so forth.\u00a0 So just think about that.<\/p>\n

But, even if you don’t have reasonable suspicion, the person giving you consent, is, again, consenting to extend the traffic stop.\u00a0 Here, the officer said that oftentimes, they’ll talk to the drivers and ask, \u201cIs there any contraband in the vehicle?\u201d and so forth.\u00a0 And they’re like, \u201cNo, do you want to take a look?\u201d\u00a0 That is consent, obviously, and you can go with it.<\/p>\n

How do you ask for consent when you have no reasonable suspicion?<\/h2>\n

If it adds time to the traffic stop, articulate that they gave you consent!\u00a0 Finally, if you do not have reasonable suspicion for criminal activity, what I strongly suggest is to end the traffic stop with the citation, warning, or whatever, and convert it to a consensual encounter.\u00a0 Then ask for consent.\u00a0 If they say, \u201cYes,\u201d you’re good.\u00a0 If they say, \u201cNo,\u201d let them go on their way.<\/p>\n

I hope this is helpful to you.\u00a0 My goal in life is to teach every single officer about search and seizure.<\/strong>\u00a0 It’s a small goal, but that’s my goal.\u00a0 Until next time, my friends stay safe!<\/p>\n

Related from Blue to Gold<\/h2>\n