Stephen Dudley Brunson v. United States
FourthAmendment CriminalProcedure Privacy
Whether officers may cure an unlawfully prolonged traffic stop by arresting the motorist for the traffic violation or claiming inevitable discovery based on an earlier, unexecuted plan to arrest the motorist
QUESTION PRESENTED FOR REVIEW Texas DPS Troopers stopped Stephen Brunson because his license plate was expired. They had planned, due to a tip they received, to ask for consent to search. Brunson denied consent. They tried to get a drug-detecting dog to their location; one was not available before the traffic stop would reasonably conclude. The troopers discussed a plan to arrest Brunson for displaying an expired license plate. They did not execute the plan until after the dog arrived and failed to alert. When they finally arrested Brunson for displaying an expired license plate, they searched him incident to the arrest, and discovered methamphetamine. Whether officers may cure an unlawfully prolonged traffic stop by arresting the motorist for the traffic violation or claiming inevitable discovery based on an earlier, unexecuted plan to arrest the motorist. i