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
50 Minutes – US v. Alpert 1987 https://www.leagle.com/decision/19871774816f2d95811624
60 Minutes – US v. Large 1984 https://www.leagle.com/decision/19841365729f2d63611269
75 Minutes – US v. Borys 1985 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” http://law.justia.com/…/supreme…/1986/104-n-j-490-0.html
Also discussed in State v Dickey (1998) 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