United States v. Jose Trinidad Chavez-Valenzuela

Good Law
2002 Daily Journal DAR 1784·281 F.3d 897·2002 WL 215580·2002 Cal. Daily Op. Serv. 1456·2002 U.S. App. LEXIS 2310
United States Court of Appeals for the Ninth CircuitFebruary 13, 200200-50075California1,351 words

Opinion

Opinion

O'Scannlain, J.

ORDER REJECTING SUA SPONTE CALL FOR REHEARING EN BANC

dissenting from the denial of en banc rehearing.

An active judge sua sponte called for rehearing en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. Fed. RApp. P. 35(b).

The sua sponte call for rehearing en bane is rejected. Judge O’Scannlain’s dissent from the rejection for rehearing en banc is attached.

Today our court’s Fourth Amendment jurisprudence inflicts unanticipated collateral damage: in the Nine Western States, Detective Columbo is now unconstitutional. In a single paragraph, the opinion in this case creates a new brightline “seven-minute rule” for police questioning during a traffic stop. If someone is pulled over for a traffic stop, and is questioned for seven minutes, his will is so overborne that he is per se incapable of consenting to answer any further questioning, even if his license and registration are returned to him and he is free to go. Any further questioning — such as, “By the way, do you have any contraband in the car?” — now violates the motorist’s Fourth Amendment rights; accordingly, any answer he offers, and any…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.