How long can a police officer stop a motorist for a traffic violation?

California, United States of America


The following excerpt is from People v. Hurtado-Diaz, G040404 (Cal. App. 6/24/2009), G040404. (Cal. App. 2009):

Although a police officer may stop a motorist for a traffic violation, the detention cannot be prolonged beyond the time period necessary to address the violation. (People v. McGaughran (1979) 25 Cal.3d 577, 584.) There is no set time limit beyond which a detention is automatically deemed unduly prolonged; rather, it depends on the circumstances of each case. (Williams v. Superior Court (1985) 168 Cal.App.3d 349, 358.)

Where a vehicle is properly detained, "an officer may ask for and examine the license of the driver and the registration for the vehicle, and may remove the driver from the car in order to do these things. [Citations.] If the driver cannot produce his or her license, or satisfactory proof of identity, or the registration, then the officer may expand the scope of the detention, depending on the circumstances. [Citations.]" (People v. Valencia (1993) 20 Cal.App.4th 906, 918.)

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