Investigative Detention / Hindering / Timeframe Allowed While Waiting for K9

Street Cop Podcast

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4.9 • 933 Ratings

🗓️ 10 September 2021

⏱️ 13 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this episode, Dennis explores the topic of investigative detention, hindering, and the timeframe allowed while waiting for an available K9 Unit. Recorded on 10/12/2017. The courts have upheld investigative detentions of: 45 Minutes – United States v Davies 1985 https://www.leagle.com/decision/19851661768f2d89311515?fbclid=IwAR1yrWu5W7atkaHg_KTcrT7Ek05PXB4fj4YmepPA2UiiMJ4uU0eoaBzN4H4 (https://www.leagle.com/decision/19851661768f2d89311515) 50 Minutes – US v. Alpert 1987 https://www.leagle.com/decision/19871774816f2d95811624?fbclid=IwAR2CpcPPIWcfvc7L0fKTCU4vhJuuNuyo920DtSizrYuNTl103EUbeNg8Kf0 (https://www.leagle.com/decision/19871774816f2d95811624) 60 Minutes – US v. Large 1984 https://www.leagle.com/decision/19841365729f2d63611269?fbclid=IwAR3yiAMskxn5y89lKy6ndpsOYfYKXFS6ybxPHXtCR-zFDPuGSgUulw---bU (https://www.leagle.com/decision/19841365729f2d63611269) 75 Minutes – US v. Borys 1985 https://casetext.com/case/united-states-v-borys-2?fbclid=IwAR1OmEIeTyBnYaikm0jJZUnycAtfCwWhprYIamoPK1_AqbBhyi8g7vxyykY (https://casetext.com/case/united-states-v-borys-2) Each of these cases cited involved delays necessitated by efforts to obtain a narcotics dog for sniffing luggage or packages. The court will look at whether or not the police diligently pursued their investigation, and whether the detention lasts no longer than is necessary to effectuate the purpose of the stop. The circumstances surrounding the case will matter too, namely the use of handcuffs and confinement. U.S. v. Sharpe (1985) 20 Minute or Longer detentions do not constitute a violation of the 4th Amendment! In Sharpe the Court refused to adopt a time limit. State v Davis (1986) – NJ Courts adopt Sharpe and state – “Officers should use the least instrusive investigative techniques reasonably available to verify or dispel his suspicion in the shortest period of time reasonably possible” https://l.facebook.com/l.php?u=http%3A%2F%2Flaw.justia.com%2Fcases%2Fnew-jersey%2Fsupreme-court%2F1986%2F104-n-j-490-0.html%3Ffbclid%3DIwAR1Aazl3ZObZOZm5-e8v7-9nJiJq9T3jCn0JKzu0mM4kyvFh9G64s7aq0Voandh=AT2SHE_DVb0uYXJqzoOSHxaXeLIgi-d4RcDVxJKmKKlWYEo5oUCDKAHNZAtfQnZwPWY5VRpZQcv5Uf9mWadOgkdx176569Jlz1S61_QYRpUpgr1UXDS72x9r9Y0Lm26qgDtfXmRaaaBJHePlSAand__tn__=-UK-R (http://law.justia.com/.../supreme.../1986/104-n-j-490-0.html) Also discussed in State v Dickey (1998) https://l.facebook.com/l.php?u=http%3A%2F%2Fcaselaw.findlaw.com%2Fnj-supreme-court%2F1456380.html%3Ffbclid%3DIwAR3gxkLJEHIOMZW2hS9KwyXwdEKK9wg2DOH5A2qQu8rQR0s2WCab0oVIqigandh=AT1fWLeapRnbwSRg2OBcU1bKJze71_iyVjTv7J5ovl76EgjthkyhIa9ppt7Z90XZkDbZoOJX1qgSAR93vu2IjbwQ3ndaOxT2aG2aiNsJbn0nmOuU-lPBIqDi-JLvT63j2QGJivNWB-enZhyHUQand__tn__=-UK-R (http://caselaw.findlaw.com/nj-supreme-court/1456380.html) Also see State v. Colapinto 1998 regarding the detention of 25 minutes while waiting for a DWI officer. UNITED STATES v. SHARPE | FindLaw STATE v. COLAPINTO | FindLaw

Transcript

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0:00.0	One, one, one, I can't play,
0:02.0	I don't have a break, uh-huh.
0:04.0	H-huh.
0:06.0	You trying to be a street cop?
0:10.0	All right, let's start this one off with a little advice for me.
0:13.8	It's been I want to bring up and I know we did it a while ago when people who were part of the group
0:17.4	a while back when we probably had half members we do now.
0:20.4	Heard this and they saw the video and they got a lot out of it and everybody across the country who's part of this group really got some value out of this statement.
0:27.3	If you have somebody who is giving you their information or they're required to or they must be compelled to give you their information and they don't know what their
0:36.5	social security number is. If you ask somebody for their date of birth and their name and
0:41.9	then you ask them for their social security number and they don't know what it is and you were dealing with an adult past the age of 18.
0:47.4	Even at 18 I've had a few people who legitimately didn't know their social security numbers,
0:51.2	but anybody who is an adult, especially somebody who has tattoos
0:55.6	and looks like they've been through the system before, and I don't mean tattoos because it's not a,
0:59.5	it's really a kind of a cliche statement to make, it's not 1965, and you would only find that with, but if you talk about the tattoos like jailhouse tattoos like crap across their neck and on their face and they got a guy who's telling you doesn't know his social security number you more than likely 99.9% chance is you have a
1:16.8	liar this rolls back into State versus Pierce and when you can ask this really
1:23.2	Georgia, you guys stay first Pierce, Clark, and then New Jersey court
1:26.7	rules that allow you to make arrest for motor vehicle violations,
1:29.1	I'm not going to go into all that thing.
1:30.5	I just want everybody here to know that if you run into this situation
1:33.8	when you're asking somebody for the pedigree information and they don't know
1:37.2	their Social Security number, they're lying to you. Some other tips, if they're
	...

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