In Muehler v. Mena, 544 U.S. 93, (2005), the United States Supreme Court held that law enforcement officers could ask questions unrelated to the purpose of a search when executing a warrant authorizing the search of a residence. This case raises the question of whether that decision alters our longstanding rule that a law enforcement officer violates the Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights by asking a passenger in a vehicle stopped for a traffic violation to consent to a search that is unrelated to the purpose of the stop.We've seen some COA cases sort of questioning whether the scope limitation survived Mena, so it is good to see a definitive answer on that question. Here is coverage on FourthAmendment.com.
We conclude it does not. Mena does not overrule longstanding precedent limiting the scope of an investigatory detention [and] does not address the question of the scope of an investigatory detention.
[Update: the state filed a petition for a writ of certiorari on August 26, 2008.]
[Further update: the SCOTUS denied the state's petition on December 1, 2008.]
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