A police stop is too long if reasonable suspicion is over.
A police officer can stop your vehicle if the officer has a reasonable suspicion something criminal is occurring. Once that reasonable suspicion is over, you must be allowed to leave.
A police stop is too long if reasonable suspicion is over. The United States Supreme Court will decide whether that is the case. In Nevada v Torres, Mr. Torres was believed to be drunk and out after curfew, so a Nevada police officer detained him. After showing the police officer his identification, it was determined that Mr. Torres was not in violation of curfew and old enough to consume alcohol. There was no indication that Mr. Torres’s identification was fake. However, the police officer called dispatch relative to Torres, and it was revealed he had outstanding warrants. Torres was arrested, and in a post-arrest search, Torres informed the officer he had a gun. The trial court determined that the police officer acted reasonably. The Court of Appeals reversed the trial court. The Court of Appeals said that the moment the police officer decided Mr. Torres was not in violation of the curfew law and legally able to consume alcohol, the detention should have ended. The fact that it went on from there is an illegal search and seizure and unconstitutional. The United States Supreme Court has agreed to hear Nevada’s appeal
Michigan Criminal Defense Attorneys who are constitutional law specialists.
How long can a stop by police be? A police stop is too long if reasonable suspicion is over. If the vehicle stop extends any further, then it is unconstitutional as an illegal search and seizure. A person must be free to move about unless a police officer has a reasonable suspicion to detain them. This concept is fundamental to the basic laws of the United States. Law enforcement cannot be allowed to interfere with general freedom of movement without a legitimate reason to do so. Freedom from unlawful search and seizure is an essential mainstay in our justice system. The attorneys of the law firm of LEWIS & DICKSTEIN, P.L.L.C. are passionate about supporting the constitution and making sure that it applies equally to everyone. They take this responsibility seriously. Our attorneys are not afraid to take on police departments, prosecutors, and judges that are making choices or decisions that are unconstitutional. We have represented people facing criminal charges in courtrooms across the State of Michigan. Our attorneys command the respect of our adversaries. Our adversaries know that if a LEWIS & DICKSTEIN, P.L.L.C. lawyer is on the other side of the case, that they are there to win. If you are facing criminal charges, you need the best representation available.
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