If you are charged with DWI and your license is revoked or you have no insurance, your car can be impounded and sold by the state. The procedure is very specific as can be seen in the statute below. If you are in this situation, you should contact an attorney immediately.
§ 20-28.3. Seizure, impoundment, forfeiture of motor
vehicles for offenses involving impaired driving while license revoked or
without license and insurance, and for felony speeding to elude arrest.
(a) Motor Vehicles Subject to Seizure for Impaired
Driving Offenses. -
A motor vehicle that is driven by a person who is charged with
an offense involving impaired driving is subject to seizure if:
(1) At the time of the violation, the drivers license
of the person driving the motor vehicle was revoked as a result of a prior
impaired driving license revocation as defined in G.S. 20-28.2(a); or
(2) At the time of the violation:
a. The person was driving without a valid drivers
license, and
b. The driver was not covered by an automobile
liability policy.
For the purposes of this subsection, a person who has a complete
defense, pursuant to G.S. 20-35, to a charge of driving without a drivers
license, shall be considered to have had a valid drivers license at the time of
the violation.
(a1) Motor Vehicles Subject to Seizure for Felony
Speeding to Elude Arrest. - A motor vehicle is subject to seizure if it is
driven by a person who is charged with the offense of felony speeding to elude
arrest pursuant to G.S. 20-141.5(b) or (b1).
(b) Duty of Officer. - If the charging officer has
probable cause to believe that a motor vehicle driven by the defendant may be
subject to forfeiture under this section, the officer shall seize the motor
vehicle and have it impounded. If the officer determines prior to seizure that
the motor vehicle had been reported stolen, the officer shall not seize the
motor vehicle pursuant to this section. If the officer determines prior to
seizure that the motor vehicle was a rental vehicle driven by a person not
listed as an authorized driver on the rental contract, the officer shall not
seize the motor vehicle pursuant to this section, but shall make a reasonable
effort to notify the owner of the rental vehicle that the vehicle was stopped
and that the driver of the vehicle was not listed as an authorized driver on
the rental contract. Probable cause may be based on the officer's personal
knowledge, reliable information conveyed by another officer, records of the
Division, or other reliable sources. The seizing officer shall notify the
Division as soon as practical but no later than 24 hours after seizure of the
motor vehicle of the seizure in accordance with procedures established by the
Division.
(b1) Written Notification of Impoundment. - Within 48
hours of receipt within regular business hours of the notice of seizure, the
Division shall issue written notification of impoundment to any lienholder of
record and to any motor vehicle owner who was not operating the motor vehicle
at the time of the offense. A notice of seizure received outside regular business
hours shall be considered to have been received at the start of the next
business day. The notification of impoundment shall be sent by first-class mail
to the most recent address contained in the Division's records. If the motor
vehicle is registered in another state, notice shall be sent to the address
shown on the records of the state where the motor vehicle is registered. This
written notification shall provide notice that the motor vehicle has been
seized, state the reason for the seizure and the procedure for requesting
release of the motor vehicle. Additionally, if the motor vehicle was damaged
while the operator was committing an offense resulting in seizure or incident
to the seizure, the Division shall issue written notification of the seizure to
the owner's insurance company of record and to any other insurance companies
that may be insuring other motor vehicles involved in the accident. The
Division shall prohibit title to a seized motor vehicle from being transferred
by a motor vehicle owner unless authorized by court order.
(b2) Additional Notification to Lienholders. - In
addition to providing written notification pursuant to subsection (b1) of this
section, within eight hours of receipt within regular business hours of the
notice of seizure, the Division shall notify by facsimile any lienholder of
record that has provided the Division with a designated facsimile number for
notification of impoundment. The facsimile notification of impoundment shall
state that the vehicle has been seized, state the reason for the seizure, and
notify the lienholder of the additional written notification that will be
provided pursuant to subsection (b1) of this section. The Division shall
establish procedures to allow a lienholder to provide one designated facsimile
number for notification of impoundment for any vehicle for which the lienholder
is a lienholder of record and shall maintain a centralized database of the
provided facsimile numbers. The lienholder must provide a facsimile number at
which the Division may give notification of impoundment at anytime.
(c) Review by Magistrate. - Upon determining that
there is probable cause for seizing a motor vehicle, the seizing officer shall
present to a magistrate within the county where the driver was charged an affidavit
of impoundment setting forth the basis upon which the motor vehicle has been or
will be seized for forfeiture. The magistrate shall review the affidavit of
impoundment and if the magistrate determines the requirements of this section
have been met, shall order the motor vehicle held. The magistrate may request
additional information and may hear from the defendant if the defendant is
present. If the magistrate determines the requirements of this section have not
been met, the magistrate shall order the motor vehicle released to a motor
vehicle owner upon payment of towing and storage fees. If the motor vehicle has
not yet been seized, and the magistrate determines that seizure is appropriate,
the magistrate shall issue an order of seizure of the motor vehicle. The
magistrate shall provide a copy of the order of seizure to the clerk of court.
The clerk shall provide copies of the order of seizure to the district attorney
and the attorney for the county board of education.
(c1) Effecting an Order of Seizure. - An order of
seizure shall be valid anywhere in the State. Any officer with territorial
jurisdiction and who has subject matter jurisdiction for violations of this
Chapter may use such force as may be reasonable to seize the motor vehicle and
to enter upon the property of the defendant to accomplish the seizure. An
officer who has probable cause to believe the motor vehicle is concealed or
stored on private property of a person other than the defendant may obtain a
search warrant to enter upon that property for the purpose of seizing the motor
vehicle.
(d) Custody of Motor Vehicle. - Unless the motor
vehicle is towed pursuant to a statewide or regional contract, or a contract
with the county board of education, the seized motor vehicle shall be towed by
a commercial towing company designated by the law enforcement agency that
seized the motor vehicle. Seized motor vehicles not towed pursuant to a
statewide or regional contract or a contract with a county board of education
shall be retrieved from the commercial towing company within a reasonable time,
not to exceed 10 days, by the county board of education or their agent who must
pay towing and storage fees to the commercial towing company when the motor
vehicle is retrieved. If either a statewide or regional contractor, or the
county board of education, chooses to contract for local towing services, all
towing companies on the towing list for each law enforcement agency with
jurisdiction within the county shall be given written notice and an opportunity
to submit proposals prior to a contract for local towing services being
awarded. The seized motor vehicle is under the constructive possession of the
county board of education for the county in which the operator of the vehicle
is charged at the time the vehicle is delivered to a location designated by the
county board of education or delivered to its agent pending release or sale, or
in the event a statewide or regional contract is in place, under the
constructive possession of the Department of Public Instruction, on behalf of
the State at the time the vehicle is delivered to a location designated by the
Department of Public Instruction or delivered to its agent pending release or
sale. Absent a statewide or regional contract that provides otherwise, each
county board of education may elect to have seized motor vehicles stored on
property owned or leased by the county board of education and charge a
reasonable fee for storage, not to exceed ten dollars ($10.00) per day. In the
alternative, the county board of education may contract with a commercial
towing and storage facility or other private entity for the towing, storage,
and disposal of seized motor vehicles, and a storage fee of not more than ten
dollars ($10.00) per day may be charged. Except for gross negligence or
intentional misconduct, the county board of education, or any of its employees,
shall not be liable to the owner or lienholder for damage to or loss of the
motor vehicle or its contents, or to the owner of personal property in a seized
vehicle, during the time the motor vehicle is being towed or stored pursuant to
this subsection.
(e) Release of Motor Vehicle Pending Trial. - A motor
vehicle owner, other than the driver at the time of the underlying offense
resulting in the seizure, may apply to the clerk of superior court in the
county where the charges are pending for pretrial release of the motor vehicle.
The clerk shall release the motor vehicle to a nondefendant
motor vehicle owner conditioned upon payment of all towing and storage charges
incurred as a result of seizure and impoundment of the motor vehicle under the
following conditions:
(1) The motor vehicle has been seized for not less than
24 hours;
(2) Repealed by Session Laws 1998-182, s. 3, effective
December 1, 1998.
(3) A bond in an amount equal to the fair market value
of the motor vehicle as defined by G.S. 20-28.2 has been executed and is
secured by a cash deposit in the full amount of the bond, by a recordable deed
of trust to real property in the full amount of the bond, by a bail bond under
G.S. 58-71-1(2), or by at least one solvent surety, payable to the county
school fund and conditioned on return of the motor vehicle, in substantially
the same condition as it was at the time of seizure and without any new or
additional liens or encumbrances, on the day of any hearing scheduled and
noticed by the district attorney under G.S. 20-28.2(c), unless the motor
vehicle has been permanently released;
(4) Execution of either:
a. An impaired driving acknowledgment as described in
G.S. 20-28.2(a1)(1a) if the seizure was for an offense involving impaired
driving; or
b. A speeding to elude arrest acknowledgment as
defined in G.S. 20-28.2(a1)(8) if the seizure was for violation of G.S. 20-141.5(b)
or (b1).
(5) A check of the records of the Division indicates
that the requesting motor vehicle owner has not previously executed an
acknowledgment naming the operator of the seized motor vehicle; and
(6) A bond posted to secure the release of this motor
vehicle under this subsection has not been previously ordered forfeited under
G.S. 20-28.5.
In the event a nondefendant motor vehicle owner who obtains
temporary possession of a seized motor vehicle pursuant to this subsection does
not return the motor vehicle on the day of the forfeiture hearing as noticed by
the district attorney under G.S. 20-28.2(c) or otherwise violates a condition
of pretrial release of the seized motor vehicle as set forth in this
subsection, the bond posted shall be ordered forfeited and an order of seizure
shall be issued by the court. Additionally, a nondefendant motor vehicle owner
or lienholder who willfully violates any condition of pretrial release may be
held in civil or criminal contempt.
(e1) Pretrial Release of Motor Vehicle to Innocent
Owner. - A nondefendant motor vehicle owner may file a petition with the clerk
of court seeking a pretrial determination that the petitioner is an innocent
owner. The clerk shall consider the petition and make a determination as soon
as may be feasible. At any proceeding conducted pursuant to this subsection,
the clerk is not required to determine the issue of forfeiture, only the issue
of whether the petitioner is an innocent owner. If the clerk determines that
the petitioner is an innocent owner, the clerk shall release the motor vehicle
to the petitioner subject to the same conditions as if the petitioner were an
innocent owner under G.S. 20-28.2(e). The clerk shall send a copy of the order
authorizing or denying release of the vehicle to the district attorney and the
attorney for the county board of education. An order issued under this
subsection finding that the petitioner failed to establish that the petitioner
is an innocent owner may be reconsidered by the court as part of the forfeiture
hearing conducted pursuant to G.S. 20-28.2(d).
(e2) Pretrial Release of Motor Vehicle to Defendant
Owner. -
(1) If the seizure was for an offense involving
impaired driving, a defendant motor vehicle owner may file a petition with the
clerk of court seeking a pretrial determination that the defendant's license
was not revoked pursuant to an impaired driving license revocation as defined
in G.S. 20-28.2(a). The clerk shall schedule a hearing before a judge of the
division in which the underlying criminal charge is pending for a hearing to be
held within 10 business days or as soon thereafter as may be feasible. Notice
of the hearing shall be given to the defendant, the district attorney, and the
attorney for the county board of education. The clerk shall forward a copy of
the petition to the district attorney for the district attorney's review. If,
based on available information, the district attorney determines that the
defendant's motor vehicle is not subject to forfeiture, the district attorney
may note the State's consent to the release of the motor vehicle on the
petition and return the petition to the clerk of court who shall enter an order
releasing the motor vehicle to the defendant upon payment of all towing and
storage charges incurred as a result of the seizure and impoundment of the motor
vehicle, subject to the satisfactory proof of the identity of the defendant as
a motor vehicle owner and the existence of financial responsibility to the
extent required by Article 13 of this Chapter, and no hearing shall be held.
The clerk shall send a copy of the order of release to the attorney for the
county board of education. At any pretrial hearing conducted pursuant to this
subdivision, the court is not required to determine the issue of the underlying
offense of impaired driving only the existence of a prior drivers license
revocation as an impaired driving license revocation. Accordingly, the State
shall not be required to prove the underlying offense of impaired driving. An
order issued under this subdivision finding that the defendant failed to establish
that the defendant's license was not revoked pursuant to an impaired driving
license revocation as defined in G.S. 20-28.2(a) may be reconsidered by the
court as part of the forfeiture hearing conducted pursuant to G.S. 20-28.2(d).
(2) If the seizure was for a felony speeding to elude
arrest offense, a defendant motor vehicle owner may apply to the clerk of
superior court in the county where the charges are pending for pretrial release
of the motor vehicle. The clerk shall release the motor vehicle to the
defendant motor vehicle owner conditioned upon payment of all towing and
storage charges incurred as a result of seizure and impoundment of the motor
vehicle under the following conditions:
a. The motor vehicle has been seized for not less than
24 hours;
b. A bond in an amount equal to the fair market value
of the motor vehicle as defined by G.S. 20-28.2 has been executed and is
secured by a cash deposit in the full amount of the bond, by a recordable deed
of trust to real property in the full amount of the bond, by a bail bond under
G.S. 58-71-1(2), or by at least one solvent surety, payable to the county
school fund and conditioned on return of the motor vehicle, in substantially
the same condition as it was at the time of seizure and without any new or
additional liens or encumbrances, on the day of any hearing scheduled and
noticed by the district attorney under G.S. 20-28.2(c), unless the motor
vehicle has been permanently released;
c. A bond posted to secure the release of this motor
vehicle under this subdivision has not been previously ordered forfeited under
G.S. 20-28.5.
In the event a defendant motor vehicle
owner who obtains temporary possession of a seized motor vehicle pursuant to
this subdivision does not return the motor vehicle on the day of the forfeiture
hearing as noticed by the district attorney under G.S. 20-28.2(c) or otherwise
violates a condition of pretrial release of the seized motor vehicle as set
forth in this subdivision, the bond posted shall be ordered forfeited, and an order
of seizure shall be issued by the court. Additionally, a defendant motor
vehicle owner who willfully violates any condition of pretrial release may be
held in civil or criminal contempt.
(e3) Pretrial Release of Motor Vehicle to Lienholder. -
(1) A lienholder may file a petition with the clerk of
court requesting the court to order pretrial release of a seized motor vehicle.
The lienholder shall serve a copy of the petition on all interested parties
which shall include the registered owner, the titled owner, the district
attorney, and the county board of education attorney. Upon 10 days' prior
notice of the date, time, and location of the hearing sent by the lienholder to
all interested parties, a judge, after a hearing, shall order a seized motor vehicle
released to the lienholder conditioned upon payment of all towing and storage
costs incurred as a result of the seizure and impoundment of the motor vehicle
if the judge determines, by the greater weight of the evidence, that:
a. Default on the obligation secured by the motor
vehicle has occurred;
b. As a consequence of default, the lienholder is
entitled to possession of the motor vehicle;
c. The lienholder agrees to sell the motor vehicle in
accordance with the terms of its agreement and pursuant to the provisions of
Part 6 of Article 9 of Chapter 25 of the General Statutes. Upon sale of the
motor vehicle, the lienholder will pay to the clerk of court of the county in
which the driver was charged all proceeds from the sale, less the amount of the
lien in favor of the lienholder, and any towing and storage costs paid by the
lienholder;
d. The lienholder agrees not to sell, give, or
otherwise transfer possession of the seized motor vehicle while the motor
vehicle is subject to forfeiture, or the forfeited motor vehicle after the
forfeiture hearing, to the defendant or the motor vehicle owner; and
e. The seized motor vehicle while the motor vehicle is
subject to forfeiture, or the forfeited motor vehicle after the forfeiture
hearing, had not previously been released to the lienholder as a result of a
prior seizure involving the same defendant or motor vehicle owner.
(2) The clerk of superior court may order a seized
vehicle released to the lienholder conditioned upon payment of all towing and
storage costs incurred as a result of the seizure and impoundment of the motor
vehicle at any time when all interested parties have, in writing, waived any
rights that they may have to notice and a hearing, and the lienholder has
agreed to the provision of subdivision (1)d. above. A lienholder who refuses to
sell, give, or transfer possession of a seized motor vehicle while the motor
vehicle is subject to forfeiture, or a forfeited motor vehicle after the
forfeiture hearing, to:
a. The defendant;
b. The motor vehicle owner who owned the motor vehicle
immediately prior to seizure pending the forfeiture hearing, or to forfeiture
after the forfeiture hearing; or
c. Any person acting on the behalf of the defendant or
the motor vehicle owner,
shall not be liable for damages arising
out of such refusal. However, any subsequent violation of the conditions of
release by the lienholder shall be punishable by civil or criminal contempt.
(f), (g) Repealed by Session Laws 1998-182, s. 3,
effective December 1, 1998.
(h) Insurance Proceeds. - In the event a motor vehicle
is damaged incident to the conduct of the defendant which gave rise to the
defendant's arrest and seizure of the motor vehicle pursuant to this section,
the county board of education, or its authorized designee, is authorized to
negotiate the county board of education's interest with the insurance company
and to compromise and accept settlement of any claim for damages. Property
insurance proceeds accruing to the defendant, or other owner of the seized
motor vehicle, shall be paid by the responsible insurance company directly to
the clerk of superior court in the county where the motor vehicle driver was
charged. If the motor vehicle is declared a total loss by the insurance company
liable for the damages to the motor vehicle, the clerk of superior court, upon
application of the county board of education, shall enter an order that the
motor vehicle be released to the insurance company upon payment into the court
of all insurance proceeds for damage to the motor vehicle after payment of
towing and storage costs and all valid liens. The clerk of superior court shall
provide the Division with a certified copy of the order entered pursuant to
this subsection, and the Division shall transfer title to the insurance company
or to such other person or entity as may be designated by the insurance
company. Insurance proceeds paid to the clerk of court pursuant to this
subsection shall be subject to forfeiture pursuant to G.S. 20-28.5 and shall be
disbursed pursuant to further orders of the court. An affected motor vehicle
owner or lienholder who objects to any agreed upon settlement under this
subsection may file an independent claim with the insurance company for any
additional monies believed owed. Notwithstanding any other provisions in this
Chapter, nothing in this section or G.S. 20-28.2 shall require an insurance
company to make payments in excess of those required pursuant to its policy of
insurance on the seized motor vehicle.
(i) Expedited Sale of Seized Motor Vehicles in
Certain Cases. - In order to avoid additional liability for towing and storage
costs pending resolution of the criminal proceedings of the defendant, the
county board of education may, after expiration of 90 days from the date of
seizure, sell any motor vehicle having a fair market value of one thousand five
hundred dollars ($1,500) or less. The county board of education may also sell a
motor vehicle, regardless of the fair market value, any time the outstanding
towing and storage costs exceed eighty-five percent (85%) of the fair market
value of the vehicle, or with the consent of all the motor vehicle owners. Any
sale conducted pursuant to this subsection shall be conducted in accordance
with the provisions of G.S. 20-28.5(a), and the proceeds of the sale, after the
payment of outstanding towing and storage costs or reimbursement of towing and
storage costs paid by a person other than the defendant, shall be deposited
with the clerk of superior court. If an order of forfeiture is entered by the
court, the court shall order the proceeds held by the clerk to be disbursed as
provided in G.S. 20-28.5(b). If the court determines that the motor vehicle is
not subject to forfeiture, the court shall order the proceeds held by the clerk
to be disbursed first to pay the sale, towing, and storage costs, second to pay
outstanding liens on the motor vehicle, and the balance to be paid to the motor
vehicle owners.
(j) Retrieval of Certain Personal Property. - At
reasonable times, the entity charged with storing the motor vehicle may permit
owners of personal property not affixed to the motor vehicle to retrieve those
items from the motor vehicle, provided satisfactory proof of ownership of the
motor vehicle or the items of personal property is presented to the storing
entity.
(k) County Board of Education Right to Appear and
Participate in Proceedings. - The attorney for the county board of education
shall be given notice of all proceedings regarding offenses related to a motor
vehicle subject to forfeiture under this section. However, the notice
requirement under this subsection does not apply to proceedings conducted under
G.S. 20-28.3(e1). The attorney for the county board of education shall also
have the right to appear and to be heard on all issues relating to the seizure,
possession, release, forfeiture, sale, and other matters related to the seized
vehicle under this section. With the prior consent of the county board of
education, the district attorney may delegate to the attorney for the county
board of education any or all of the duties of the district attorney under this
section. Clerks of superior court, law enforcement agencies, and all other
agencies with information relevant to the seizure, impoundment, release, or
forfeiture of motor vehicles are authorized and directed to provide county
boards of education with access to that information and to do so by electronic
means when existing technology makes this type of transmission possible.
(l) Payment of Fees Upon Conviction. - If the driver
of a motor vehicle seized pursuant to this section is convicted of the
underlying offense resulting in the seizure of a motor vehicle pursuant to this
section, the defendant shall be ordered to pay as restitution to the county
board of education, the motor vehicle owner, or the lienholder the cost paid or
owing for the towing, storage, and sale of the motor vehicle to the extent the
costs were not covered by the proceeds from the forfeiture and sale of the
motor vehicle. If the underlying offense resulting in the seizure is felony
speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1) and the
defendant's conviction is for misdemeanor speeding to elude arrest pursuant to
G.S. 20-141.5(a), whether or not the reduced charge is by plea agreement, the
defendant shall be ordered to pay as restitution to the county board of
education, the motor vehicle owner, or the lienholder the cost paid or owing
for the towing and storage of the motor vehicle. In addition, a civil judgment
for the costs under this section in favor of the party to whom the restitution
is owed shall be docketed by the clerk of superior court. If the defendant is
sentenced to an active term of imprisonment, the civil judgment shall become
effective and be docketed when the defendant's conviction becomes final. If the
defendant is placed on probation, the civil judgment in the amount found by a
judge during the probation revocation or termination hearing to be due shall
become effective and be docketed by the clerk when the defendant's probation is
revoked or terminated.
(m) Trial Priority. - District court trials of offenses
involving forfeitures of motor vehicles pursuant to G.S. 20-28.2 shall be
scheduled on the arresting officer's next court date or within 30 days of the
offense, whichever comes first.
Once scheduled, the case shall not be continued unless all of
the following conditions are met:
(1) A written motion for continuance is filed with
notice given to the opposing party prior to the motion being heard.
(2) The judge makes a finding of a "compelling
reason" for the continuance.
(3) The motion and finding are attached to the court
case record.
Upon a determination of guilt, the issue of vehicle
forfeiture shall be heard by the judge immediately, or as soon thereafter as
feasible, and the judge shall issue the appropriate orders pursuant to G.S. 20-28.2(d).
Should a defendant appeal the conviction to superior court,
any party who has not previously been heard on a petition for pretrial release
under subsection (e1) or (e3) of this section or any party whose motor vehicle
has not been the subject of a forfeiture hearing held pursuant to G.S. 20-28.2(d)
may be heard on a petition for pretrial release pursuant to subsection (e1) or
(e3) of this section. The provisions of subsection (e) of this section shall
also apply to seized motor vehicles pending trial in superior court. Where a
motor vehicle was released pursuant to subsection (e) of this section pending
trial in district court, the release of the motor vehicle continues, and the
terms and conditions of the original bond remain the same as those required for
the initial release of the motor vehicle under subsection (e) of this section,
pending the resolution of the underlying offense involving impaired driving in
superior court.
(n) Any order issued pursuant to this section
authorizing the release of a seized vehicle shall require the payment of all
towing and storage charges incurred as a result of the seizure and impoundment
of the motor vehicle. This requirement shall not be waived. (1997-379, s. 1.2; 1997-456, s. 31; 1998-182, s. 3; 1998-217,
s. 62(a)-(c); 2000-169, s. 29; 2001-362, ss. 1, 2, 3, 4, 5, 6; 2001-487, s. 9;
2006-253, s. 32; 2013-243, s. 2.)
The duty to answer the stopping officer’s questions: The
officer tells viewers, “Answer any questions the officer may have fully
and clearly.” This directive gives me pause. Under North Carolina law, a
person operating a motor vehicle must identify himself or herself when
requested by an officer (or, for that matter, when requested by any
other person in the event of an accident). G.S. 20-29. Unlike some other
states, North Carolina has not enacted “stop and identify” statutes
when a person is not operating a motor vehicle. See In re D.B., 214
N.C. App. 489, 495 (2011). However, the North Carolina Court of Appeals
has held that the failure to identify oneself during a lawful stop can
constitute resisting an officer when it hinders the officer in issuing a
citation or otherwise completing the stop. State v. Friend, ___
N.C. App. ___, 768 S.E.2d 146, 148 (2014) (trial court properly denied
the defendant’s motion to dismiss the charge of resisting, delaying, or
obstructing an officer where the defendant, a passenger, refused to
provide the officer with his identification so that the officer could
issue a citation for a seatbelt violation). The court recognized that
Fifth Amendment protections may justify a refusal to provide one’s
identity in some circumstances, but didn’t provide examples. Id.
Consent searches: In
the video, after the infraction has been addressed and the traffic stop
completed, the officer seeks consent to extend the interaction: “Sir,
at this point, you’re free to leave, but what I’d like to do with your
permission is just have you step to the rear of your car and just talk
with you for a few more minutes.” The driver is agreeable: “OK, sure,
that’s no problem.” The officer then asks for permission to pat down the
driver’s clothing and search his car.
