Criminal History and Warrant Checks as a part of the “Mission” of a Traffic Stop.

• Traffic Stops and Prolonged Detentions
• Criminal History/Warrant Checks and Prolonged Detentions
• The Doctrine of Inevitable Discovery and Prolonged Detentions

(1) For purposes of officers’ safety, police officers during a lawful detention may request a criminal history check and a check for outstanding warrants without illegally prolonging the detention.  (2) Criminal history and warrant checks are permissible as part of the “mission” of an otherwise lawful detention.   (3) Information obtained when a detention is illegally prolonged may be saved by the Doctrine of Inevitable Discovery.

In October, 2016, defendant Anthony Hylton, wearing a mask, dark clothing, sunglasses, and gloves, robbed a Citibank in Henderson, Nevada.  Brandishing a black semi-automatic handgun with brown grips, he foolishly pulled back the side (apparently for effect), ejecting an unexpended round in the process.  Jumping over a counter to the teller’s side, he—even more foolishly—shoots into the floor (again for effect, just in case no one was yet taking him seriously).  Having thus obtained everyone’s attention, he ordered a bank teller to give him all the money in the drawers.  Stealing almost $70,000, he affected his escape by driving away in a black midsize SUV that (according to witnesses) looked like a Ford Escape (appropriately named).  Witnesses provided a very general physical description. Two months later (December, 2016), a passed-out defendant was found behind the wheel of a car (apparently not the Escape) at 6:13 a.m., stopped in the middle of one of Las Vegas’ busiest intersections.  Upon contacting him, officers could smell the odor of marijuana coming from the car.  Upon awakening the disoriented and confused defendant, it was noticed that pieces of pills of some sort were stuck to his sweatshirt.  Asked to get out of his car, defendant complied.  Asked for his license and ....