Tyler v. Kyler

2 Citing cases

  1. State v. Morlock

    40 Kan. App. 2 (Kan. Ct. App. 2008)   Cited 5 times
    In Morlock, the court emphasized that the officer asked the passenger questions which "were not reasonably related to the scope of the traffic stop and were designed solely to uncover suspicious activity," 190 P.3d at 1012, and that the officer seized the passenger's driver's license and ran a warrant check on both the driver and passenger, which "extended the duration of the traffic stop to at least some degree."

    See Caldwell v. State, 780 A.2d 1037, 1049 (Del.2001) (relying on statute that allowed officers to question detained motorists on destination); Woodard v. State, 289 Ga.App. 643, 647, 658 S.E.2d 129 (2008); State v. Ramirez, 145 Idaho 886, 889-90, 187 P.3d 1261 (App.2008); People v. Williams, 472 Mich. 308, 315-16, 696 N.W.2d 636 (2005); Tyler v. Kyler, 15 Neb.App. 939, 944, 739 N.W.2d 463 (2007); State v. Baum, 393 N.J.Super. 275, 286-87, 923 A.2d 276 (2007); State v. Carlson, 102 Ohio App.3d 585, 596-98, 657 N.E.2d 591(1995); Marinaro v. State, 163 P.3d 833, 835 (Wyo.2007).          In many of the cases that permit a law enforcement officer to question a driver about travel plans, the facts were limited to questions concerning the driver's place of departure or destination.

  2. Phillips v. Liberty Mut. Ins. Co.

    293 Neb. 123 (Neb. 2016)   Cited 12 times

    The reasonableness inquiry as to excessive force is whether the officer's actions were objectively reasonable. See Tyler v. Kyler, 15 Neb.App. 939, 739 N.W.2d 463 (2007) (affirming summary judgment where bystander to stop for traffic violation became subject of arrest and determining officer's use of force was reasonable as matter of law based on objective standard). See, also, Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989).