"But it cannot be prolonged for longer than reasonably necessary to complete that
legitimate activity.81 If in fact the patrol cars computer is slow, so you have to
sit there for ten minutes while the cop runs your license, thats one thing. But
increasingly, given dashboard cameras and records of department computer
activity, that sort of delay is getting harder to fudge.82 And the Fourth
Amendment rule is very clear: if the police detain you after theyve finished
processing the ticketor if they simply dawdle over the ticket processing for
an unreasonable length of timein order to get a K-9 team there, then the
eventual dog sniff will be the fruit of an illegal detention, and any evidence... [would be useless]"
Source: http://slu.edu/Documents/law/Law Journal/Archives/LJ56-2_Mason_Article.pdf
In the tyrannical state of New Jersey how long would this be? 10-20-30-40-50-60 minutes? More?
On a side note, (I know my municipality has a K-9 unit) what is the likelihood they will actually bring the dog (being a small town, it seems they want for /any/ sort of action) and in time. From the reading, which focuses on NJ and NY, if the dog is not at the scene then its likely to constitute an unreasonable prolongation of a traffic stop even if it only take 10 minutes to bring the dog. (And thus the contraband would not be considered evidence).
I'd much prefer specific NEW JERSEY law, but welcome all states in order to spread to knowledge.
legitimate activity.81 If in fact the patrol cars computer is slow, so you have to
sit there for ten minutes while the cop runs your license, thats one thing. But
increasingly, given dashboard cameras and records of department computer
activity, that sort of delay is getting harder to fudge.82 And the Fourth
Amendment rule is very clear: if the police detain you after theyve finished
processing the ticketor if they simply dawdle over the ticket processing for
an unreasonable length of timein order to get a K-9 team there, then the
eventual dog sniff will be the fruit of an illegal detention, and any evidence... [would be useless]"
Source: http://slu.edu/Documents/law/Law Journal/Archives/LJ56-2_Mason_Article.pdf
In the tyrannical state of New Jersey how long would this be? 10-20-30-40-50-60 minutes? More?
On a side note, (I know my municipality has a K-9 unit) what is the likelihood they will actually bring the dog (being a small town, it seems they want for /any/ sort of action) and in time. From the reading, which focuses on NJ and NY, if the dog is not at the scene then its likely to constitute an unreasonable prolongation of a traffic stop even if it only take 10 minutes to bring the dog. (And thus the contraband would not be considered evidence).
I'd much prefer specific NEW JERSEY law, but welcome all states in order to spread to knowledge.
