When we review a motion to suppress evidence, we will uphold the circuit court's findings of fact unless they are clearly erroneous. However, the application of constitutional principles to those facts is a question of law that we decide without deference to the circuit court's decision. Consent to Search. The Fourth Amendment prohibits unreasonable searches and seizures. 2 See U.S. Const.
Statements given and items seized during a period of illegal detention are inadmissible.
Peck does not dispute that Merrill had reasonable suspicion to stop the driver for a traffic violation. Instead, Peck argues that even though the initial detention was justified, Merrill illegally expanded the scope of the detention by asking about drugs and weapons and for permission to search the vehicle. Peck claims that because Merrill did not acquire information during the traffic stop that provided a reasonable suspicion that there were drugs or weapons in the vehicle, he could not ask a question about those items nor ask for consent to search. In that case, Gaulrapp was stopped by a police officer because of a loud muffler. After bringing the muffler to his attention, the officer asked Gaulrapp if there were drugs or weapons in the vehicle.