In the USA, I don't think there is a time limit. They can take all the time they want. Your not under arrest, but they can "detain" you while they do their thing. Just like they can cuff you "for your and their safety" without arresting you while they do their thing.
Even if there was a time limit, they would just let you go only to be stopped by another LEO and the time would start again.
I have the belief that if they want to get into your stuff to search it, they will find some reason...You said no in a bitchy or argumentative way? Your not cooperating with the police, that is obstructing sir...your under arrest...NOW they can search everything.
Rule #1: Never drive dirty so you won't have to worry about getting screwed into a search or not, as there will be nothing to find.
i do believe there is a time limit in the states and that it isnt suppose to take longer than to verify you information ie dl insurance reg and issue a ticket if you deserve one if k9 not there then away ur supposed to go but cops will lie and try to trick you to make you stay, but you need to specify why are you being detailed, if so and now with all cell phones i would record what they say cus if they are illegally deatiling u all info they gather should be dissmissed
What you are asking about is called a "Terry Stop" (google it)
http://en.wikipedia.org/wiki/Terry_v._Ohio
There is no "Set in Stone" time limit, but the courts general consensus holds that they cannot detain a person any longer than necessary to determine the ID of that person, and if a crime is being commited.
They'll
TRY and tell you all they have to do is call for a warrant. Like there are warrants just laying around. If that were the case, they'd have a stack of them in the car. A warrant must be
signed by a judge. Meaning that they have to type up a warrant, and get a judge to sign it. The judge will ascertain the probable cause for the warrant. If there is no probable cause for it, no warrant. Judges hate being made to look foolish. And depending on the time of day, might not take too kindly to being woke up at 3 AM for a search warrant.
Do you know how long they can legally detain you while waiting for the k9?
Not long at all. To call for a K9 unit simply because you refuse consent to search is ludicrous. And it's the biggest lie and threat in a cops arsenal.
In the U.S. in most places you can be detained for up to 72 hours without charges.
You can be held WITH CHARGES for no more than 72 hours before being brought before a magistrate for arraignment. That has nothing to do with the instant case or a Terry Stop.
It is a myth (more than likely made up by cops) that they can hold you for 72 hours without charges (suspicion/investigation).
Now, PATRIOT is a whole 'nuther concept of civil liberies violations.
...in the US you can be held for 72 hours for no damn reason at all. The law is, you have to see a judge within 72 hours, this is when your case is decided to go any further. This is what they call "Due Process"... If the pigs want to search your ride, they are going to....bottom line. If you say, "no"...your acting suspecious, they want to search!
...Now, if your not the most legal person, you'd wouldn't want to put up any resistance to a search...that will only make you look suspecious. After comply'n, and say your caught for something like say, "possession of marijuana"...your best thing to do at that point is to STOP TALKING! Make sure the cop has your Identification...go to jail. Now call your ass a lawyer...SEE IF THE COP WROTE YOU A TICKET!!!! ...if he didn't write you a ticket, you can get the case thrown out....they have to have a reason to pull you over.
The most intelligent thing in this post is STOP TALKING!!! In fact, DONT START TALKING.
Don't give legal advise when you don't know what you are talkng about.
Once you have given your license and reg/ins papers to the cop, and he has written you a ticket (or not), ask if you are free to go. Keep asking if you are free to go. DO NOT CONSENT TO A SEARCH UNDER ANY CIRCUMSTANCES, especially if you know you are dirty.
It's mind sets like this that have the cops with more "power" than they actually have. People just believe that the cops are omnipotent, and it begins to have the effect of law, without being a law.
WAY too many folks have no clue what their rights are, and are not willing to learn them. Rights are like muscles. Use them or lose them. Over time, a civil right can be eroded by just not excercizing it. If everyone lets a cop scare them into letting them search their car, over time it becomes accepted that they have the right to do so unchallenged. It's called becoming a De Facto law.
And we are letting it happen.
Except I keep a decoy flavored cigar in the ashtray. First sign of trouble, I'm smoking a grape philly or some other bs. Never been searched in my own vehicle.
