DIVORCE • PERSONAL INJURY • MARIETTA ATTORNEYS YOU CAN TRUST CRIMINAL LAW • FAMILY LAW

CALL TO SCHEDULE A CONSULTATION

 

  770-795-9596

THE YOUNG LAW FIRM

MARIETTA ATTORNEY DIANA WHIPKEY YOUNG

Marietta attorney Diana Whipkey Young specializes in Divorce and Family Law, Personal Injury, and Criminal Defense.

How Long Can Traffic Stops Last and Can They Bring the Drug Dog to Sniff?

 

The United States Supreme Court issued an opinion in the case of Rodriguez v. United States in April, 2015. The rule announced by the Court is that the “seizure for a traffic violation justifies police investigation of that violation” not more, and “authority for the seizure …ends when tasks tied to the traffic infraction are-or reasonably should have been-completed.”

 

Being stopped by the police is a common occurrence to most people (not just drug dealers), so this decision may give some comfort to those being stopped. It also may help in defending those who have been stopped, and ended up having drugs found in their vehicle.

 

Traffic Stops Should Not Last Very Long

 

Traffic stops have to be reasonably short, and unless there is a reasonable suspicion of some other crime, officers aren’t supposed to use the stop as a basis to conduct an investigation regarding other issues. More specifically, the United States Supreme Court said that officers can’t prolong a traffic stop just to perform a dog-sniffing drug search.

 

Long Traffic Stops May be Against the Law

 

If the traffic stop is prolonged, then it may be in violation of the United States Constitution. If so, a skilled traffic violation attorney may be able to have the evidence of the drugs or other evidence obtained as the result of such investigation, excluded from evidence. This would mean that the prosecution may not be allowed to use the evidence against the accused. In such cases, then the case may be dismissed.

 

 

 

 

 

 

The Young Law Firm The Young Law Firm The Young Law Firm
Marietta attorney Diana Whipkey Young specializes in Divorce and Family Law, Personal Injury, and Criminal Defense.

THE YOUNG LAW FIRM

 

MARIETTA ATTORNEY AT LAW

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

CALL TODAY      770-795-9596

©2017 All Rights Reserved. The Young Law Firm. 800 Kennesaw Ave NW Suite 340 Marietta GA 30060. Attorney website created by webstuffguy.com