Police Officers’ Authority to Extend Oklahoma Traffic Stops

A close look at Oklahoma case law shows that police officers have wide authority to extend traffic stops at will. The leading Court of Criminal Appeals opinion, Seabolt v. State, 152 P.3d 235, 2006 OK CR 50, states that police officers must have reasonable, articulable suspicion to extend a traffic stop beyond the typical formalities.

In Seabolt, the court evaluated the particular stop at issue under a totality of the circumstances approach, meaning it looked at everything that happened to determine whether the officer initiating the stop had a reasonable suspicion that a crime had been committed. To the contrary, the court could find no reason to justify the stop’s extreme length. The officer unnecessarily detained the driver long enough for a canine unit to arrive.

Soon after the Seabolt decision, the court determined that a driver can consent to extend a traffic stop if the officer has completed the formalities (e.g., writing a ticket), returned the driver’s license and insurance information, and the driver is otherwise free to go. Coffia v. State, 191 P.3d 594, 2008 OK CR 24 at ¶14. The officer cannot make an “overbearing show of authority” to keep the driver at the scene. Id.

Further expanding authority of police officers, the decision in State v. Bass, 300 P.3d 1193, 2013 OK CR 7, declared that officers could release a driver after a stop, then re-engage with the driver consensually, even though officer re-engaged only to initiate a search. The officer did have reasonable suspicion. Although the court found that the stop was constitutional, it thought that the officer’s actions were troubling.

Finally, in Johnson v. State, 308 P.3d 1053, 2013 OK CR 12, Oklahoma courts adopted a “de minimis” exception allowing delays during a traffic stop of five to seven minutes. In the case, the officer who initiated the traffic stop was waiting for a backup officer to confirm that there was reasonable suspicion to continue to detain the driver.

From Seabolt to Johnson, Oklahoma moved from a distinct standard for extensions and delays during traffic stops to a gray area. Johnson seems to say that some short delays are permissible but with no indication of how long is too long. Future court decisions in Oklahoma and nationwide may help clarify the law, but until then a defendant subject to lengthy detainment may have a good argument that the extended stop was unconstitutional.

To learn more about defenses for people charged with DUIs, seek out the local DUI attorney who cares about seeking the best outcomes for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, is familiar with Oklahoma law and can help you fight your charges. Schedule a case evaluation by visiting Patterson Law Firm online or calling Clint’s office at (918) 550-9175.