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  1. #1
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    Quote Quoting uscitizen12
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    It only took about 15 minutes for the dog to get there. But I noticed he actually scratched the outside of my car.

    - - - Updated - - -

    He actually said "We have suspicion that you may be in possession of illegal things" Which i wasn't. But I responded by saying that he can't detain me on suspicion alone; and he said he is gonna detain me until he concludes his investigation. I really don't want to sue. I'd rather just file a complaint against him to make a point and maybe he will follow the rules next time. I hate it when cops think they can do whatever they want just because they have a gun and badge. They can't. Thats what used to make America better than other countries.
    I believe it has been determined that 20 minutes has been a time allowed to detain while a dog is brought to the site. If that holds true, then there was nothing improper about the detention. Granted the time specified was intended to approximate the time one is held in the event citation if none was written and in your case, the citation had already been delivered. That may make a difference in your case but I doubt it if reasonable suspicion can be articulated.

    and yes, they can detain on on REASONABLE suspicion alone. Note; it must be reasonable. They must be able to articulate what brought them to the reasonable belief you may have drugs present. Failing that, yes, it was an illegal detention but given the dog keyed, there is support for their suspicion.

    I don't think you have anything other than any actual damage caused by the dog or the police. Make a claim for any damages with the department involved and go from there.

  2. #2
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    The detention is normally for as long as it takes to conduct routine business. Once you have issued a person their citation that generally signals the end of the detention. Either the officer established some additional RS or he developed some probable cause to support a search of the vehicle that was independent of the original stop and apparent release with the citation.

  3. #3
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    Quote Quoting cdwjava
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    The detention is normally for as long as it takes to conduct routine business. Once you have issued a person their citation that generally signals the end of the detention. Either the officer established some additional RS or he developed some probable cause to support a search of the vehicle that was independent of the original stop and apparent release with the citation.
    Yes, I already addressed the requirement of reasonable suspicion for there to be any claim of a valid detention at all. My question was simply meant to address the possibility that the detention might have exceeded the time determined to be reasonable per the SCOTUS decision and as such, an arguable claim of an illegal detention. Since it appears the total time detained prior to the presentation of the dog falls within the courts determination of reasonable even if there had not been a citation presented, there is no improper detention at all, even if there was no citation presented (providing there was RS to stop if that was the case).

    The only question within my point was; if the citation had been completed, for the period of reasonable time the courts have determined, does the clock run from the original detention or from the point of a new claim of reasonable suspicion. Since this stop fell within the time allowed even if you did not issue a citation, it is a moot point.

  4. #4
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    There is also ample case law to show that once the citation is issued that the reasonable amount of time for the detention has ended. To detain the OP any longer would generally require NEW articulable reasonable suspicion beyond the traffic stop, or, the development of probable cause for a search of the vehicle.

  5. #5
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    they teach the dogs to false alert,, ex cop barry cooper did some youtube videos about how he trained his dog to false alert so he could gain legal entry to cars etc,, he makes a living now making "how to not get busted" video tapes, he explains everything though a cops point of view and how to counter act the police, interesting stuff.

    here is the video, its pretty long,, it shows how he trained his dog to false alert

    Barry Cooper 's Never get Busted Again Full version
    https://www.youtube.com/watch?v=ZyAjLkBCWKI

  6. #6
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    Quote Quoting tonynewman
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    they teach the dogs to false alert,, ex cop barry cooper did some youtube videos about how he trained his dog to false alert so he could gain legal entry to cars etc,, he makes a living now making "how to not get busted" video tapes, he explains everything though a cops point of view and how to counter act the police, interesting stuff.

    here is the video, its pretty long,, it shows how he trained his dog to false alert

    Barry Cooper 's Never get Busted Again Full version
    https://www.youtube.com/watch?v=ZyAjLkBCWKI
    Yes, people can lie can do all sorts of nefarious things. However, is there any evidence to suggest that happened in tis instance or are you just slinging mud in general?

  7. #7
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    When the police get a call that Tony is drunk and out of control, they have the gall to actually do their jobs and check to make sure he hasn't accidentally killed himself. That's the real issue here.

  8. #8
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    Quote Quoting L-1
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    Yes, people can lie can do all sorts of nefarious things. However, is there any evidence to suggest that happened in tis instance or are you just slinging mud in general?
    ummm, the OP said the dogs got a hit,,, so the police proceeded to tear the guys car apart and did not find anything,, so it sounds like they made the dog false alert to me.. if you watch that part in the video barry who was a cop explains how they train the dogs to false alert, it seems to be common practice by K9 officers to gain legal entry into cars/boats/houses

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    Never Get Busted Again: Volume 1 Traffic Stops
    https://www.youtube.com/watch?v=Is2z_bplyKs

    23mins in,, false alerts

  9. #9
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    Quote Quoting cdwjava
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    There is also ample case law to show that once the citation is issued that the reasonable amount of time for the detention has ended. To detain the OP any longer would generally require NEW articulable reasonable suspicion beyond the traffic stop, or, the development of probable cause for a search of the vehicle.

    for being so sure of your statement, it is surely odd that the SCOTUS took up a case that dealt with exactly my point. Apparently in January of this year, the fed appeals court 8th circuit ruled in a case that the driver was held 7-8 minutes after the reason for the detention had ended had not been held an unreasonable time and as such, it was not a violation of his rights.\


    http://www.washingtonpost.com/news/v...traffic-stops/


    so, about the ample case law supporting the need for new RS or PC.

  10. #10
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    If the USSC wants to reverse itself, it has that right. We shall see. But, so far (and I am on a laptop and not at home or the office where I have my resources) the standard of case law is that unreasonably prolonging the detention is unlawful, and once you have completed your business you cannot just hold onto a person absent some new reasonable suspicion to detain further.

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