Reasonable Detention Time for Motor Vehicle Stops

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Recorded02 Sep 2021

Publisheranchor.fm ↗

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In this archived episode, Dennis explains how to deal with detaining subjects in a motor vehicle stop and cites some case laws. Recorded on 08/08/2017. State v Dickey 1998 and reasonable length of roadside detentions and solutions to any issues with that http://caselaw.findlaw.com/nj-supreme-court/1456380.html?fbclid=IwAR0sF4x4jOWKO_gQ8XngY-KHarGnK-OyJoQUBYOo-QCQt8FYsUSzULGdJhw (http://caselaw.findlaw.com/nj-supreme-court/1456380.html) “[T]here is [no] litmus-paper test for ․ determining when a seizure exceeds the bounds of an investigative stop.” Florida v. Royer, 460 U.S. 491, 506, 103 S.Ct. 1319, 1329, 75 L.Ed.2d 229, 242 (1983) (plurality opinion). The Supreme Court has refused to adopt a “hard-and-fast time limit for a permissible Terry stop.” Sharpe, supra, 470 U.S. at 686, 105 S.Ct. at 1575, 84 L.Ed.2d at 615; accord United States v. Place, 462 U.S. 696, 709 n. 10, 103 S.Ct. 2637, 2646 n. 10, 77 L.Ed.2d 110, 122 n. 10 (1983). “Much as a ‘bright line’ rule would be desirable, in evaluating whether an investigative detention is unreasonable, common sense and ordinary human experience must govern over rigid criteria.” Sharpe, supra, 470 U.S. at 685, 105 S.Ct. at 1575, 84 L.Ed.2d at 615. In assessing whether a detention is too long in duration to be justified as an investigative stop, we consider it appropriate to examine whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant.

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