California, United States of America
The following excerpt is from People v. Aleqabi, H043981 (Cal. App. 2017):
underlying justification." (Ibid.) "[A] police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution's shield against unreasonable seizures." (Rodriguez v. United States (2015) ___ U.S. ___, ___ [135 S.Ct. 1609, 1612] (Rodriguez).)
"In assessing whether a detention is too long in duration to be justified as an investigative stop, we consider . . . whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant. [Citations.] A court making this assessment should take care to consider whether the police are acting in a swiftly developing situation, and in such cases the court should not indulge in unrealistic second-guessing. [Citation.] A creative judge engaged in post hoc evaluation of police conduct can almost always imagine some alternative means by which the objectives of the police might have been accomplished. But '[t]he fact that the protection of the public might, in the abstract, have been accomplished by "less intrusive" means does not, itself, render the search unreasonable.' [Citations.] The question is not simply whether some other alternative was available, but whether the police acted unreasonably in failing to recognize or to pursue it." (United States v. Sharpe (1985) 470 U.S. 675, 686-687 (Sharpe).)
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