2007-07-31 16:46:37 · 14 answers · asked by just wondering 1 in Politics & Government ➔ Law Enforcement & Police
The short answer is that there is no set time limit. The time that you are held is merely one factor in the equation. The question is not whether everything is legal, the question is whether your behavior (other than exercising your rights to remain silent and to refuse to consent to a search) creates a reason for the officer to reasonably suspect that you are committing a crime. It is possible for a person to be entirely innocent but have done a series of acts that to the officer indicates that the person could be committing a crime. If the officer reasonably suspects that you are committing a crime you can be detained until the officer has done enough of an investigation to eliminate that suspicion (e.g. had a drug dog out to sniff a car in a suspected drug case).
If there is no reasonable suspicion, you can only be held long enough for them to process the traffic ticket (which includes time to check for warrants with dispatch). If there is no reasonable suspicion, a dog can be brought out to sniff the car only if it can be done within this time frame.
2007-07-31 18:21:34 · answer #1 · answered by Tmess2 7 · 1⤊ 0⤋
Police can hold you as long as they need.Remember there are other thingsbeyond the control of the officer.Such as communications issues,computer issues in the car/dispatch center.But you stated that it was because you refused to let them search the vehicle.I dont know about other areas but here if you tell an officer that they cannont search the vehicle they will hold you at the scene until a K-9 unit can come and walk around the car.If the dog alerts on the outside of the car that gives the officers probable cause to search the vehicle.You never stated the reason you were pulled over,how long you were held and if they called for a K-9 unit.
2007-07-31 17:09:22 · answer #2 · answered by firerescuemo 3 · 1⤊ 2⤋
Sad to say, but Americans don't know much about their own government. The Bush administration, under the Homeland Security Act, have, in effect, overridden the 1st and 4th amendments to the Constitution.
Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In answer to the question, the police don't need to have your permission to search your car.
2007-07-31 17:22:57 · answer #3 · answered by Encantada 2 · 0⤊ 3⤋
Under the law, they cannot make you wait for an unreasonable amount of time for a dog to arrive.. In fact, they can’t make you wait any longer than it takes for the police to carry out the activities associated with the actual traffic stop. This may include: running your license tags, checking your registration and driver’s license, etc. If those activities are done and the dog has not arrived, you are free to leave.
2014-11-23 18:59:53 · answer #4 · answered by David G 2 · 0⤊ 0⤋
You will have to learn the exact wording of the law related to that situation. If there is a legal need for the police to have a "just cause" to search your vehicle, then you can ask the police to tell you what their just cause is before they do the search. If there is no such legal need in your state/province, then you can't stop them searching.
2007-07-31 16:56:57 · answer #5 · answered by TitoBob 7 · 0⤊ 1⤋
There is no set time that they can hold you at roadside. IF you did nothing wrong and they ask to search your car. You have every right to tell them no. At which point they will make you sit there while they obtain a warrant from a judge.
If they go this route and find nothing you can file charges against that officer for delaying you.
They normally stop people just leaving Krispy Kremes so they can threaten some free donuts off of em
2007-07-31 17:06:47 · answer #6 · answered by Robert G 3 · 1⤊ 2⤋
If you have nothing to hide then why not let them search. If it takes 30 minutes to get K-9 out there then guess what you are going to sit in the back of my car for the 30 minutes it takes for them to get there and if the dog alerts on anything I am going to tear your car apart to find it.
2007-07-31 18:14:38 · answer #7 · answered by Steven C 7 · 2⤊ 0⤋
Quite frankly it depends. If I smelled MJ emitting form your car, I'll wait until I can find a dog to check your car out. If it's 2AM and they have to wake up a deputy and have him respond with a dog, that's what we will do. If I believe you have a significant quantity, I'll take you car and impound it until I can get a warrant. It all depends on the circumstances at the time.
2007-07-31 17:32:10 · answer #8 · answered by spag 4 · 2⤊ 0⤋
15 min unless there is probably cause for them to hold u. and to everyone saying why not let them search if u have nothing to hide, its called privacy. i have no reason to let u look through my belongings, **** the police.
2014-03-21 08:40:17 · answer #9 · answered by Frank 1 · 1⤊ 0⤋
depends; if your in a small town, probably as long as they want. remember, they could make your life very hard.
but in cities, or by the state police, they have to let you go if there is no probably cause to keep you. Generally less than 15 minutes.
2007-07-31 16:55:23 · answer #10 · answered by C K 3 · 0⤊ 2⤋