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Knight-Walker v. Commonwealth — 2025 opinion, later reversed

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- 13 - Lorish, J., dissenting. Knight-Walker argues that “Officer Allen impermissibly exceeded the bounds of the traffic mission for which he had stopped Ms. Knight-Walker’s vehicle,” and so the evidence he uncovered—after she consented to a search—must be suppressed. This is not because Officer Allen did not have cause to pull her over in the first place (she agrees he did), or because the mission of the traffic stop had ended (she agrees it had not). Knight-Walker argued below, and continues to argue on appeal, that the stop was ongoing when Officer Allen asked her whether there were any guns or drugs in her car.9 Instead, Knight-Walker argues that her stop was unlawfully extended by “two questions spanning approximately twelve-seconds” of unrelated questions. This is because, as Knight-Walker readily concedes, “Officer Allen had not yet returned Knight-Walker’s identification card or issued her a warning or traffic summons with regard to her offenses” at the time he asked her those questions. Knight-Walker relies on Rodriguez v. United States, 575 U.S. 348, 350 (2015), for the premise that “a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.” Based on this, Knight-Walker argues that if an officer asks any unrelated question during a traffic stop, (1) it is a per se violation of the Fourth Amendment, and (2) consent to search after that is fruit of the poisonous tree that must be remedied through the exclusionary rule. As Knight-Walker spelled out at oral argument, under this interpretation of Rodriguez, any unrelated question an officer may ask, including “Where are you traveling today?,” “Where are you coming from?,” and “Any fun plans this weekend?,” all illegally extend a traffic stop. According to Knight-Walker, an 9 While my colleagues in the majority dance around this question, in one place finding the traffic stop was already concluded by the time the unrelated questioning occurred, in another describing the stop as “basically finished,” and in another suggesting it was ongoing but “extended,” Knight-Walker has never waffled.
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