SCOTUS: Police can't extend traffic stop to seek evidence of unrelated crimes

a reply to: buni11687

Police can do whatever they want

Because this is Merica

a reply to: buni11687

This is a great thing. Let's hope it is fully true.

Smoke and mirrors.

"A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said.

Source

There is no time limit on how long the officer can sit in his cruiser writing your ticket or warning or doing a background check. If they wan't to initiate a sniff, they call in the K-9 unit while they are completing the paperwork for the stop. They can sniff without probable cause at any stop, now they just have to sniff before they give you your paperwork.

Like most rulings involving this kind of foggy legal language, this does absolutely nothing but preserve the illusion the fourth Amendment still draws breath.

I'm here to tell you, in America, right now today, it does not.

Sorry if someone already brought this. I know from lots of stops and searches that in my neck of the woods the cops are going to search your car. The excuse to call the K9 unit is wrought from refusing them the right to search.

They run everything first and if nothing is found, they ask if you've any illegal items, then go…

"Do you mind if we 'look'?"

And if you do 'mind', they say why not and if you make some sounds about your rights, they then say thats suspicious and call the dog team.

If the dog (not being human) in this case "hits" then they have the right to rifle your belongings and even "plant" something for not cooperating. Which is one reason the search and seizure laws were enacted, to prevent potentially corrupt officials from having their way with you.

originally posted by: Sremmos80
Meh all they have to do is generate some reasonable suspicion to go further.

Yeah good luck with that... That's the reason they call the dogs because they have no other reasonable suspicion and want to "generate" some....

Jaden

a reply to: Helious

again you're wrong. This sets the precedent that the stop cannot take longer than a normal traffic stop. You can subpoena the records for normal traffic stops not involving dog sniffing and if this one took longer, you have grounds for suing for unlawful detention and or wrongful arrest.

They could find 100 lbs of coke in your tires and it would be thrown out. So the purposes of doing the search which is really just power mongering because you DARED to declare your rights to the all powerful leos will be moot and after the first couple of lawsuits, police forces will stop allowing their officers to do so. Either that, or they'll start sending drug sniffing dogs to every traffic sstop lol...

Jaden

a reply to: hounddoghowlie

and when they don't find anything they open themselves up to lawsuits and charges of perjury...

Jaden

originally posted by: Masterjaden
a reply to: Helious

again you're wrong. This sets the precedent that the stop cannot take longer than a normal traffic stop. You can subpoena the records for normal traffic stops not involving dog sniffing and if this one took longer, you have grounds for suing for unlawful detention and or wrongful arrest.

They could find 100 lbs of coke in your tires and it would be thrown out. So the purposes of doing the search which is really just power mongering because you DARED to declare your rights to the all powerful leos will be moot and after the first couple of lawsuits, police forces will stop allowing their officers to do so. Either that, or they'll start sending drug sniffing dogs to every traffic sstop lol...

Jaden

I have read the scope of the majority opinion closely and I assure you that if the K9 is brought in and a sniff initiated BEFORE the paperwork for the stop is completed and given to the driver and contraband is found you will be arrested.

Read it here

Perhaps you would have grounds to sue and perhaps not, the legalese in the SCOTUS ruling leaves much for speculation in regards to time of stop and what "lawful" duties can be undertaken. Most police forces can have a K9 on scene in less than 10 minutes which I'm sure most judges will find to be within the time frame of a "lawful" stop.

Again, civil recourse that is shaky at best will not stop an arrest, jail time and multiple trips in front of a judge who I'm sure will be oh so sympathetic towards the person who had drugs in the car. To me, the ruling seems quite clear and it seems to be lacking in specifics while giving officers plenty of room to maneuver around.