This is a traffic stop that was extended, but the court held that under the facts, the extension was consensual. The court stated: “Under these particular undisputed factual circumstances, we conclude that a reasonable person in Burwell’s position would have felt free to leave when Powers asked Burwell for permission to question him further.” Therefore, at that point, the encounter was consensual, and the Fourth Amendment was not implicated. The court further held the consent to search the vehicle was also voluntary and that the officer’s search did not exceed the scope of the consent.
Note: Body Camera video and audio provided evidence for grant of qualified immunity.
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