MOST PEOPLE WONDER HOW LONG CAN POLICE DETAIN YOU OR YOUR VEHICLE DURING A TRAFFIC STOP.
The duration of the vehicle stop depends on the initial reason for the traffic stop and any other criminal suspicion that develops after the stop.
The Minnesota Supreme Court states that the duration of the vehicle stop must be temporary and cannot last any longer than is necessary to investigate the initial reason for the traffic stop. However, there is no concrete time limit for a lawful length of a traffic stop.
The police need to suspect other criminal activity separate from the reason for the initial traffic stop before they can continue to lawfully detain the vehicle beyond the time it would have taken to write a traffic citation.
Examples for Determining How Long Minnesota Police Can Detain You
In determining how long can police detain you for failing to use a blinker while turning, the officer cannot approach the vehicle and ask the driver if there are drugs in the car. That would be an unlawful expansion of the reason for the traffic stop. The officer stopped the vehicle for not using a blinker, not because he suspected there were drugs in the car. Before the officer can expand the duration of the traffic stop, he would need reason to believe there were drugs in the car.
If the officer thought he smelled marijuana in the vehicle then he could question the driver about having drugs. In this situation, the officer could detain the driver as long as the officer acted to confirm his suspicions of drugs in the car. How long police can detain you or your vehicle increases with each additional suspicion of criminal activity.
THERE IS NO HARD-AND-FAST TIME LIMIT FOR A LAWFUL TRAFFIC STOP.
The duration of the traffic stop will depend on the facts and circumstances surrounding each individual traffic stop situation. In one case, the Minnesota Supreme Court held a 61 minute traffic stop to be lawful under the circumstances.
If you find yourself in the middle of a traffic stop, it is important to remember that you DO NOT have to answer any of the officer’s questions. You have the absolute right to remain silent. In most cases, it is in your best interests not to answer any questions. Instead, simply tell the officer that you are not going to answer any questions without your Minnesota criminal defense lawyer present.
After that, call the St. Paul criminal defense lawyers at Arechigo & Stokka. Our Minnesota criminal defense lawyers will advise you how to handle the situation and tell you what to say, if anything. If you find yourself arrested or facing criminal charges following your traffic stop, our St. Paul criminal defense lawyers will investigate the reasons behind the initial traffic stop and the officer’s reasons for expanding the length of the stop. If the officer unlawfully expanded the duration of your traffic stop, our St. Paul criminal defense lawyers will fight to have the evidence suppressed.
Contact our Minnesota criminal defense lawyers today if you or someone you know recently faced an expanded traffic stop.