Thank you for asking me “How long can a Cop keep me on the roadside?”
When you are pulled over by the police for a traffic stop you have been “seized” and you are afforded protection by the 4 Amendment to the th US Constitution.
Most traffic stops begin as a temporary “detention”, meaning that the you are not free to leave but you are also not under arrest.
But a temporary traffic based detention can go any of a number of ways…
You might get a warning and be let go, or you might get a ticket and be let go or, if the cop believes that she has reasonable suspicion that you are involved in criminal activity then you may be further detained and if the cop believes that she has probable cause that you committed a crime then you might get arresyed..
However, all things equal, an ordinary stop for a traffic infraction (like speeding or an equipment violation) is permitted to last only as long as it reasonably takes 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 then the lawful detention ends, and if the cops don’t let you promptly go about your business then your continued detention is unlawful.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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