Published on: Monday, November 7, 2022

It is clearly established that a driver's nervousness and reluctance to describe his travel plans does not give rise to the reasonable suspicion necessary for police to prolong a traffic stop beyond the time it takes to issue a warning or write a traffic ticket, says the Sixth Circuit (unpublished). So this gentleman who was pulled over for tinted windows and declined to share that his shaking was due to muscular dystrophy can indeed sue a pair of Hamilton County, Tenn. officers. A jury might think they prolonged the stop to allow for a drug dog sniff (and, after a false alert, search of his car). Suspects geenrally have no duty to cooperate. No qualified immunity.

The case is Klaver v. Hamilton Cnty., Tenn., No. 22-05084 (6th Cir.  Nov. 3, 2022).