Imagine that you are driving down the interstate and you are pulled over for a routine traffic stop. You are held by the police for 45 minutes while the officer calls in another patrol car with a drug sniffing dog. While walking around your vehicle, the dog indicates to the odor of narcotics, leading to a full search of your entire car. The officers then uncover evidence of a crime and arrest you. Is this permissible under the Fourth Amendment?
How long can the police detain you in a traffic stop?
When pulling motorists over for traffic stops, police must conduct their actions in a timely and reasonable manner. Law enforcement do not have to rush through each stop, but they also cannot hold you indefinitely until they gather evidence against you.
Police must have “reasonable suspicion” that someone is engaged in criminal activity to prolong a traffic stop and detain someone. If officers detain someone for an unreasonable amount of time in order to establish probable cause for a search of the vehicle, that may result in such evidence being “suppressed” and inadmissible in a court. The Nebraska Supreme Court has held that a traffic stop must be temporary and cannot last longer than necessary to effectuate the purpose of the stop.
Examples
- Rodriquez v. United States (2015) – In this case, the defendant was detained for 7-8 minutes until a second officer arrived with a dog that alerted to the presence of drugs. The Court ruled that the defendant’s Constitutional right against unreasonable seizure had been violated and that such a detention was impermissible in the absence of reasonable suspicion.
- United States v. Cornejo (2016) – In this case, the court held a search to be unconstitutional because the defendant was detained for more than 25 minutes while law enforcement claimed to be checking the validity of the defendant’s driver’s license. During those 25 minutes, a drug dog was brought to the scene and indicated to the presence of narcotics. The court held that “The deputies in this case unnecessarily prolonged the stop to ask unrelated questions and conduct a K-9 sniff of the sedan without the constitutionally required independent, reasonable suspicion of criminal activity.”
- United States v. Gordon (2018) – In this case, an officer initiated a traffic stop with the defendant for following too closely. Despite all initial paperwork and background information checking out and a lack of reasonable suspicion being present, the officer still proceeded to call for backup. Twenty-nine minutes into stop, the backup officer found a firearm in a passenger’s purse. The officers detained the to conduct a canine sniff, but no other contraband was discovered. The court held that the nearly 30-minute gap between the officer obtaining necessary information to issue a ticket (defendant’s license and registration) and the discovery of the firearm, along with statements captured on video, revealed the officer’s intention to discover other crimes despite there being no reasonable suspicion of criminal activity. Evidence of the firearm was suppressed against the defendant.
The main point to be drawn from these cases is law enforcement must have reasonable suspicion of ongoing criminal activity in order to detain you.
Experienced Defense Lawyers
John S. Berry , Criminal Defense Lawyer
If you think you have been charged with a crime due to law enforcement detaining you without reasonable suspicion, the dedicated defense attorneys on our team may be able to help. Contact one of the attorneys at Berry Law today at 402-810-8178 to schedule a confidential consultation.
