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  1. #1
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

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

    Quote Quoting cdwjava
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    I'm sure I can find an example of anything if I look for it. And with hundreds of thousands of contacts between law enforcement the citizenry every day, it would be highly improbable that none of them would be without some problem. But, of course, the fact that malfeasance occurs even with regularity in one place does NOT mean that it occurs anywhere else and certainly not everywhere.
    Oh, I'm not surfing the web looking to dig up dirt on cops. The two links I've share, on the dog handler and Derek Middendorf, are right here in my home town. This is stuff this community is living with. And my own experience with the perjurious cop under oath. When a community has this kind of nonsense in front of it, in the media and in its daily experience, it has an effect. I know the parents of one of the men wrongfully convicted by John Preston's testimony (he's the fraudulent dog handler). Wilton Dedge spent over two decades in prison for a crime he didn't commit in part because of this man's now-discredited testimony.

    So when a cop testifies that the dog made a "hit", can you at least see how it might affect the jury pool in my home town?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

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

    Quote Quoting cdwjava
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    ...a detention "justified solely by the interest in issuing a warning ticket to the driver can become unlawful if it is prolonged beyond the time reasonably required to complete that mission."... And, a further decision that states that the key is whether or not "the police diligently pursued a means of investigation reasonably designed to confirm or dispel their suspicions quickly."... They have further decided that questioning the driver on matters unrelated to the reason for the traffic stop is allowed as long as the questioning does not unduly prolong the detention.... the officer's inquiries may not "measurably extend the duration of the stop.")...
    Those cases, in essence, are all reciting the de minimis standard. I agree with Carl that if the Supreme Court changes that approach, defining a time threshold for what constitutes arbitrary detention without any reasonable suspicion, "it sets a precedent that should set any civil libertarian afire as it opens the door for detentions without any cause". The Supreme Court has been very reluctant to endorse bright line rules in the past, and I don't expect that to change. It may be difficult to define the precise conditions under which a detention becomes unreasonable, but I very much doubt that the Supreme Court is going to resolve the conflict by choosing an arbitrary number of minutes of detention.

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