Whether a law enforcement officer acting as a private citizen has the authority to prolong a traffic stop

QUESTIONS PRESENTED FOR REVIEW 1. Whether a law enforcement officer acting as a private citizen who initiates a traffic stop with no intention of ever attempting to complete the “mission” of the traffic stop has the authority to prolong the duration of the traffic stop in five discretely different ways while waiting on a drug dog to arrive? 2. Whether a law enforcement officer acting as a private citizen may permissibly conduct a “citizen’s arrest” for the offense of speeding, even though the statute governing the offense of speeding requires the issuance of a traffic citation to the person in lieu of arrest, continued custody, and the taking of the arrested person before a magistrate? 3. Assuming, arguendo, that a _ law enforcement officer acting as a private citizen may permissibly conduct a citizen’s arrest for an offense, ii such as speeding, that requires the issuance of a traffic citation in lieu of arrest, does that private citizen also have the authority to conduct a purely pretextual stop, particularly when the arresting person never intends to even attempt a statutorily mandated duty to write a traffic citation in lieu of arrest, continued custody, and the taking of the arrested person to a magistrate? 4, Assuming, arguendo, that a private citizen has the authority to conduct a pretextual stop, should that pretextual stop be subject to the “balancing” analysis set forth in Whren v. United States involving a search or seizure conducted in an extraordinary manner? iii