|
Sky2high@aol.com wrote:
***Caveat*** is more interesting. Reasonable detention is open to interpretation. It has been held that detaining someone stopped for a traffic violation until drug dogs could be obtained was not reasonable
I believe the reason the detention was found to be unreasonable in the particular case you are referring to was because of the length of detention, NOT specifically because the detention was to obtain a drug dog. I do not believe there is a specific hard number where xx:00 minutes is OK and xx:01 is unreasonable or a list of approved and disapproved reasons. It is up to the "totality of the circumstances," which unfortunately include the personal biases of the judge as well as the judge's assessment of the biases of the appeals court that will be reviewing the decision.
Regards,
Hamid
|
|