The question of whether an official can guide a motorist to sit in the police vehicle during these operations is open in North Carolina. The courts that have dealt with this issue see it through the prism of an additional seizure. Many cases, at the national and federal level, have implicitly recognized that public servants have the power to order a motorist to sit in the police vehicle while the ticketing process is complete. See Barahona, 990 F.2d to 414 (in which the officer asked the accused to leave the car and accompany him to the patrol car). Several federal courts have found that an officer needs a reasonable justification, normally for a specific and articulable safety issue, before the officer can order a motorist to sit in the patrol car, see U.S. v. Cannon, 29 F.3d 472, 476-77 (9. Cir.1994), U.S. v. Ricardo D., 912 F.2d 337, 340-41 (9 cir.1990), while other jurisdictions have found that if an officer`s request is only part of the ticketing process, the motorist remains seated in the police vehicle, as part of a Terry`s arrest.
See U.S. v. Rodriguez, 831 F.2d 162, 166 (7. Cir.1987), U.S. v. Rivera, 906 F.2d 319, 322-23 (7). Cir.1990), U.S. v. Bloomfield, 40 F.3d 910, 915 (8. Cir.1994) (appropriate investigation includes the invitation for the driver to be in the patrol car), Ohio v.
Lozada, 748 N.E.2d 520, 523 (Ohio Ct.App 2001). Even jurisdictions that believe that the public servant needs some justification to order a motorist to accompany him to the patrol car recognize certain exceptions. Here, Constable McDonough was confronted by an unauthorized user of a rental vehicle. At that point, he told the accused to go to the police vehicle, as I said, he did not know if the control of the database could reveal a reported theft. Even an audit of the accused`s story that he had borrowed the car from a relative who was the tenant could be facilitated by the presence of the accused. “CJLEADS is very scalable. CjLEADS originally supported 3,000 users – it now supports 26,700 criminals and will continue to grow in the years to come,” Bell continues. Based on better access to more comprehensive information and a steady improvement in system functionality, the government estimates the efficiency of time and cost reduction at $12 million per year. SAS has contributed considerable resources to this project and has shown its own interest in public safety.
SAS`s expertise in data integration and analysis, as well as strict security controls of the technical environment, application access and authentication, were essential due to the complexity and sensitivity of the data. The CJLEADS watch list feature allows users to notify others that they are monitoring a criminal. This function helped officers alert other officers and track potential gang activity across the country using CJLEADS. Officer McDonough completed the traffic control mission when he told the accused that he had warned the accused of the traffic offences because they were in the back of the accused`s car. With respect to the authorized checks, Constable McDonough checked the lease – the equivalent of checking the registration of a car and proof of insurance – before asking the accused to leave his car. Constable McDonough was authorized to verify the accused`s licence and to verify the establishment of an arrest warrant. But it must not do so “in a manner that prolongs the judgment without the well-founded suspicions that were usually required to justify the imprisonment of a person.” Id. to – —- 191 L.Ed.2d to 499, 135 S.C. to 1615.
In its order, the Tribunal made the following factual findings. Officer McDonough issued a traffic stop after observing that the accused was “travelling at 70 miles per hour in a 60-mile zone in the extreme left lane.” In addition, Constable McDonough observed that the accused “arrived in a car of about one and a half cars from a silver Ford pickup truck”. The court found that