In this archive episode, Dennis revisits permissible questioning on a motor vehicle stop and surrounding case law around it. Recorded on 08/11/2017.

State v Chapman – We are, nevertheless, satisfied that the trooper’s initial questions in this case concerning where the defendants had been and where they were going were reasonably related to the reason for the traffic stop…/1035452.html. State v. Hickman 2000 When there are passengers in a car stopped for a traffic violation, the passengers are subject, as a practical matter, to the same temporary stop as the driver, because passengers do not generally have readily available alternative means of transportation. See Maryland v. Wilson, 519 U.S. 408, 413-14, 117 S.Ct. 882, 886, 137 L.Ed.2d 41, 47 (1997) (“[A]s a practical matter, [in a motor vehicle stop] the passengers are already stopped by virtue of the stop of the vehicle.”); Berkemer, supra, 468 U.S. at 436, 104 S.Ct. at 3148, 82 L.Ed.2d at 332 (“[A] traffic stop significantly curtails the ‘freedom of action’ of the driver and the passengers, if any, of the detained vehicle.”); see also State v. Smith, 134 N.J. 599, 611-19, 637 A.2d 158 (1994); Dickey, supra, 152 N.J. at 483, 706 A.2d 180. Moreover, if a stop for a motor vehicle violation is reasonable, the police do not have to show an independent basis for detaining the passengers, unless the detention goes beyond what is incident to a brief motor vehicle stop.…/1000781.html