State v. Rivera

*364PIEPER, J.,

dissenting:

I respectfully dissent. The learned trial judge was very thorough in his analysis and I believe all facets of the law were considered. I also recognize the analysis of the majority presents a close question. However, unlike the majority, I would find that the question of whether the purpose of the stop has been completed is a mixed question of law and fact. The moment at which a traffic stop concludes is often a difficult legal question. State v. Williams, 351 S.C. 591, 600-01, 571 S.E.2d 703, 708-09 (Ct.App.2002). Since the officer had not yet completed and issued the warning ticket and had not yet even returned the driver’s license/registration documents, I would find that consent was obtained prior to any unlawful detention. See United States v. Branch, 537 F.3d 328, 336 (4th Cir.2008) (“The maximum acceptable length of a routine traffic stop cannot be stated with mathematical precision. Instead, the appropriate constitutional inquiry is whether the detention lasted longer than was necessary, given its purpose.” “[Ojnce the driver has demonstrated that he is entitled to operate his vehicle, and the police officer has issued the requisite warning or ticket, the driver must be allowed to proceed on his way.”) (emphasis added) (internal citations omitted); see also Williams, 351 S.C. at 598, 571 S.E.2d at 707.

Notwithstanding, “[ojnce the underlying basis for the initial traffic stop has concluded, any further detention for questioning is not automatically unconstitutional.” State v. Tindall, 379, S.C. 304, 310, 379 S.C. 304, 665 S.E.2d 188, 192 (Ct.App.2008). I disagree with the majority’s response and concern that acceptance of the analysis in this dissent would lead to an argument that the traffic stop arguably continued until Rivera received his property after being released from jail. I would distinguish this routine traffic stop situation from a situation *365where a suspect has been arrested and placed in jail. Here, I would not find the consent rendered involuntary due to coercion, duress, or some improper means. Thus, since voluntary consent was obtained during a lawful detention, I would reverse the suppression of the State’s evidence and remand the case for trial.