Police may ask about weapons or drugs during traffic stop as long as questions do not prolong length of stop

SEARCH & SEIZURE United States v. Stewart, No. 05-4255, ___ F.3d ___ (10th Cir. Jan. 19, 2007)(Utah). Appeal of conviction for possession of methamphetamine in violation of 21 U.S.C. § 841(a)(1). HELD: District court properly denied defendant’s motion to suppress drug evidence. Police officer’s question during traffic stop about presence of “any weapons or contraband” in vehicle (a question that ultimately led to discovery of firearm and methamphetamine) did not violate Fourth Amendment because question by itself did not extend duration of stop. Under Supreme Court’s holding in Muehler v. Mena, 544 U.S. 93, 101 (2005), content of police questions posed during lawful detention does not implicate Fourth Amendment as long as those questions do not prolong detention. Read the opinion here.