Reasonable Detention Time for Motor Vehicle Stops
Street Cop Podcast
Street Cop Training
4.9 • 967 Ratings
🗓️ 2 September 2021
⏱️ 8 minutes
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| 0:00.0 | One another one can't get a |
| 0:02.0 | way. |
| 0:03.0 | A lot of the brain. |
| 0:04.0 | Uh-huh. |
| 0:05.0 | You trying to be a street cop. |
| 0:10.0 | You trying to be a street cop? All right, it was a hot button issue. How long can you hold somebody on the side of road? I know of them videos and it's the past, but I'm reading Dickie, State v. Dickie, it's 1998. I don't want to jump out here and give you guys the brief version of it, what happened and what the courts have said, what we're supposed to do and some tips on what you should do. |
| 0:28.0 | And before I even start, someone let you know that there's been times I have held people for, I mean, let's face it, years ago when I had to call for a canine officer to come to a sniff of a car, |
| 0:37.3 | it would take him at least 45 minutes to an hour to come out every single time. |
| 0:41.3 | And I've never had that challenge in course, |
| 0:43.1 | or just know that. |
| 0:43.7 | When you have a supervisor or somebody, |
| 0:45.6 | you may want to explain to them like, look, |
| 0:47.1 | if it's unreasonable for us to have a canine get here in 10 minutes, |
| 0:50.2 | we're allowed to hold people a certain amount of time. But if you don't want to hold people, I have another solution to that is you can just release people and hold the vehicles. |
| 0:57.6 | And that's what Dickie kind of references a little bit. And at times that be the things that we would do, especially at the time during |
| 1:03.6 | Pena Forest era before C. versus William Witt came out and dissolved that, |
| 1:07.7 | when there was a necessity to get a search warrant on a motor vehicle if you had probable cause, |
| 1:11.1 | you just couldn't search it. It wasn't inherently exigent at that point. |
| 1:15.2 | So what we would do is, we would, if someone refused consent and the dog came out and indicated |
| 1:19.6 | or we had to hold the dog for a dog to hold the car for the dog to indicate or the dog to show up the next day and do a sniff at headquarters in a secure location. |
| 1:28.0 | We would identify people, make sure they're the right person, do their |
| 1:35.0 | person criminal history, check them for wants and warrants, |
... |
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