United States v. Jose Trinidad Chavez-Valenzuela
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…