I'm looking into getting more info on this issue.

Let's say that a LEO makes a traffic stop. While in the middle of a stop, the offender pulls out a cell phone and starts calling people, telling them the location of the stop and telling them to come to the location. At what point (if any) does a LEO have the legal authority to remove the cell phone from the offender?

I can see a major issue with officer safety on this issue. What if someone shows up with the intent to kill a cop or with the intent to distract the officer from the initial stop in order for the original offender to either destroy evidence or leave the location?

Basically, is there any case law on hand that would assist with determining at what point an officer needs to take control over the situation if he/she has the legal authority to do so?

Then there is the LEO who gets a call and stops to take it...right in the middle of the stop leaving the suspect standing on one foot in the middle of a one leg stand...

Can we say the idea that one must ALWAYS be available to take a call has gone too far??

(Love to play the video for a jury...with the officer explaining things to his wife....)

Lisa L. Peterson
Nolan County Attorney

You can cuff him without arresting him. You are in control of the scene. If you fear that you will lose control due to the efforts of suspect, you can cuff. Cell phone can be left in the car while suspect sits on the side of the road or in the back of your car.

You could also go ahead and arrest for the traffic offense if it is arrestable, then you own everything.

The principle that you are in control of the scene and can take whatever efforts are needed to maintain control is the same principle that allows us to direct passengers to exit a vehicle even though they committed no offense.