People v. Lusardi

In People v. Lusardi (1991) 228 Cal.App.3d Supp. 1, a police officer made a traffic stop. After completing the duties flowing from the violation, the officer asked the defendant, with whom he was familiar, whether she was still a user of narcotics or was dealing in narcotics, even though he had observed nothing to suggest she was either a user or a dealer. After the defendant said "no," the officer asked if he could search the car. The defendant consented and the officer found drug paraphernalia. (Id. at Supp. 3.) The appellate division of the San Luis Obispo Superior Court held the trial court erroneously denied the defendant's motion to suppress. It reasoned: "Officers making a proper traffic arrest cannot, on a mere hunch, properly ask for consent to search. The consent obtained is vitiated because the detention is unlawfully continued after any lawful and proper purpose has passed." (Id. at Supp. 5.)