QUESTION
How long can he keep me pulled over while he is checking my paperwork and warrants and my papers were up to date and legal and were my rights violated
Asked on Jan 18th, 2013 on Criminal Law - Georgia
More details to this question:
I was seen leaving a 24-hour self-serve car wash at 4am when a policeman passing-by had noticed me exiting carwash. He did a U-turn and had turned on his lights to pull me over as he drove thru car wash parking lot before he saw me clearly because I was already on main road 1/2 mile ahead of him. His reason was it was suspicious to him. It was perfectly legal for me to be there, and I had proper current paperwork on my vehicle. (current registration, valid driver’s license, and proof of insurance). I pulled over and he approached my vehicle. He asked what I was doing and I told him I stopped to vacuum my truck. I asked why he pulled me over and he said it was suspicious. He asked for my license, registration and proof of insurance, which I produced for him. From this point on, what are my rights?
4 ANSWERS
John J. Carney
You have the right to refuse to answer his questions after you give him your documents. You should refuse to give him consent to search. You must stay there until he tells you that you are free to go, and that could be an hour if he wastes to get a drug dog or a warrant.
Answered on Mar 04th, 2013 at 7:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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It is not sent to me like it was a valid traffic stop. Before giving a firm opinion, however, I would need all of the details.
Answered on Jan 22nd, 2013 at 1:39 PM
Michael J. Breczinski
Your rights are to sit there and act orderly until he returns your paperwork.
Answered on Jan 22nd, 2013 at 1:39 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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Particularly given this format and the limited information available. Since your question focuses primarily on the stop, this answer will do the same; it will assume that you already know that you do not have to answer any questions the police may have for you. If this is a typical stop based upon reasonable suspicion alone, the police only have a limited amount of time to hold someone this could be about 20 minutes but, depending upon the circumstances, could be longer (there is no set time constraints). Reasonable suspicion which can be thought of as simply reasons for an officer to be suspicious - is a very low standard but it does permit the officer to stop someone and investigate. At this point, the police cannot search though, if they have reason to fear for their safety, they may frisk a person to determine if that person has weapons. If, after this brief detention, the officer does not have more than the reasonable suspicion that they began, or if, after this brief detention, the officer's suspicions are removed, the officer must let the person go. Of course, this assumes that there isn't more information available to the officer than known to the suspect; for example, what if the person pulled over matches the description of a known murderer or a recent crime? From the suspect's point of view, since the officer would not tell the suspect about this match, the officer would only have reasonable suspicion; but, the officer would already begin the detention with, at least potentially, more than just reasonable suspicion.
Answered on Jan 22nd, 2013 at 1:39 PM