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76 Tul. L. Rev. 211 (2001-2002)
Do You Have Any Drugs, Weapons, or Dead Bodies in Your Car--What Questions Can a Police Officer Ask During a Traffic Stop

handle is hein.journals/tulr76 and id is 231 raw text is: Do You Have Any Drugs, Weapons, or Dead Bodies in Your Car? What Questions Can a Police Officer Ask During a Traffic Stop? Amy L. Vazquez* I. INTRODUCTION ............................................................................ 211 II. A LOOK BACK ............................................................................. 214 A. Carroll and the Beginning of an Automobile Exception ............................................................................ 215 B. Traffic Stop Jurisprudence ................................................. 215 C. Whren, Schneckloth, andRobinette .................................. 217 1. Whren v United States .............................................. 217 2. Schneckloth v Bustamonte ....................................... 219 3. Ohio v Robinette ....................................................... 221 Il. THE PROBLEM OF QUESTIONING DURING TRAFFIC STOPS ......... 222 A. The ConflictAmong the Federal Circuits ......................... 223 B. Finding a Resolution .......................................................... 225 IV THE NEXT STEP: CONSENT ........................................................ 228 V CONCLUSION ................................................................................ 232 I. INTRODUCTION On a sunny afternoon on Highway 99 near Anytown, U.S.A., Officers Doe and Smith were on patrol. Officer Doe, an experienced patrolman, was in charge of showing the ropes to Smith, a recent addition to the Anytown Police Department. The two officers were traveling westbound along Highway 99 while running radar on oncoming vehicles J.D. candidate 2002, Tulane Law School; A.B. 1997, Georgetown University. I would like to thank Wesley Oliver for providing the inspiration for the topic of this Comment and Professor Jancy Hoeffel for providing valuable comments on an earlier draft. I also would like to thank my mother for all her support over the years. Finally, my greatest appreciation goes to my husband Ray, who has made the last three years possible. I promise to return the favor. 1. This narrative is based, in part, on actual events told to the author by a former law enforcement officer. All names in this narrative have been changed. 2. Running radar is a term used to indicate that the officers were operating a radar that determines the speed of moving vehicles. 211

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