What is the current state of the law on time limits for investigative stops under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Serrano, G043584, Super. Ct. No. 09CF2559 (Cal. App. 2011):

Moreover, "[c]ircumstances which develop during a detention may provide reasonable suspicion to prolong the detention. [Citation.]" (People v. Russell (2000) 81

Page 6

Cal.App.4th 96, 102.) "There is no set time limit for a permissible investigative stop; the question is whether the police diligently pursued a means of investigation reasonably designed to confirm or dispel their suspicions quickly. [Citations.]" (Ibid., citing United States v. Sharpe (1985) 470 U.S. 675, 686-688 [105 S.Ct. 1568, 84 L.Ed.2d 605 [20-minute investigative detention of suspected drug trafficker did not violate Fourth Amendment].)

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