Memo to the Folks: I know less than nothing about German law but I doubt very seriously that they have the functional equivalent of our (the U.S.) 4th Amendment (protecting folks from unreasonable warrantless searches and seizures). Here, in the U.S., all things equal, a stop for a traffic infraction (like speeding or an equipment violation) can last only as long as is reasonably necessary for the officer to accomplish the purpose of the stop, meaning that they can run your tag, your DL and the vehicle registration, and they can check for compliance with the requirement that you carry proof of insurance, and then they can write you a ticket, but once all of that is done the lawful detention ends, and if the cops don’t let you promptly go about your business then you may have been unlawfully detained. But, if, during the course of the detention the officer develops a reasonable suspicion that a crime has been, is being or is about to be committed (like if you were having a clam bake and s/he smells the odor of marijuana emanating from your car) then, you can be further detained, and in the event that the officer has a reasonable and articulable suspicion that drugs are involved then you can be detained until a K-9 arrives (or, as in McNair’s case, the cop can take his chances by ordering you out and conducting his own warrantless search). You can watch HaberPA’s VideoFAQ / YouTube Webisode on “How long can a Cop keep me on the roadside?” by clicking on the video link below or by clicking here…
Memo to the Folks continued: The general 4th Amendment rule is that law enforcement needs a warrant to conduct a search, but there are many exceptions to the “warrant requirement”. The best practice (for the cops) is almost always to get a warrant, and, when they don’t, then they run a risk that the fruits of their search will be both declared “poisonous” and suppressed from introduction into evidence (this is called the “exclusionary rule”). If a vehicle search is conducted and containers are found inside of the vehicle (like, for example, a backpack), again, absent an exception to the warrant requirement, the cops cannot open the container without first obtaining a warrant. So, if I were McNair’s lawyer, then this would be my first area of attack in this case. You can watch HaberPA’s VideoFAQ / YouTube Webisode on “What is the Exclusionary Rule and how can the Cops sidestep it?” by clicking on the video link below or by clicking here…
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com