There’s a unique sense of dread that settles in the pit of your stomach as you sit in your vehicle on the side of the road, waiting for a police officer to return. Even if you did nothing worse than a minor traffic violation (or nothing wrong at all), the minutes can feel like hours after you’ve given them your driver’s license, registration, and proof of insurance. What’s taking so long back there? Did something come up in your records? How long are you required to stay for a routine traffic stop?
While there’s no clearly defined legal standard for how long an investigative stop for a possible traffic offense may last, the Fourth Amendment of the U.S. Constitution protects you against unreasonable searches and seizures throughout the encounter. The amount of time you’ll spend during an investigative detention depends on the details of each situation and can range from five minutes to half an hour or longer. If an officer extends a stop without probable cause of criminal activity, the stop may become unconstitutional.
As is often the case, being aware of your 4th Amendment protections can help you determine whether a traffic stop is being illegally extended and infringing on your rights. With both federal and state laws in constant flux, it’s a good idea to have a firm grasp of what’s legal and what isn’t.
You Got a Fast Car, I Got a Plan To Get Us Outta Here
Most traffic stops occur when a law enforcement officer has reasonable suspicion that you’ve committed a traffic violation or are engaging in criminal activity. This can include anything from having a broken taillight to driving carelessly to rolling through a stop sign. Officers have the right to briefly detain you for investigative purposes, which doesn’t give them the authority to ignore your constitutional rights. We’ve discussed in detail the best practices to employ when you’ve been pulled over, including your right to remain silent when asked certain questions and to avoid giving an officer probable cause to search your vehicle.
During most stops, an officer will return to their vehicle to check your documentation. The amount of time you’ll spend in your car will increase due to issues such as an expired registration, excessive points on your license, or obvious problems with your vehicle. The police are expected to expedite the process within a reasonable timeframe that doesn’t compromise officer safety.
An officer must have a legitimate reason, such as reasonable suspicion of another crime or probable cause, to extend a traffic stop beyond the time needed to address the original violation. If a search of your driver’s license reveals an outstanding warrant or other information suggesting you may be armed and dangerous, the officer may have justification to call for backup and conduct a pat-down or frisk for weapons consistent with Terry v. Ohio. It also may allow for a legal search of your vehicle, as does having contraband in plain sight. If you’re showing signs of intoxication, the stop will almost certainly be extended by the officer asking you to take a field sobriety test.
This doesn’t mean the police can trample on your rights during a traffic stop. Deliberately stalling to allow something like a K9 drug-sniffing unit to arrive on the scene without probable cause is unconstitutional. So is extending the stop after resolving the initial issue, such as giving the driver a citation. This is supported by the U.S. Supreme Court’s ruling in Rodriguez v. United States, which drew on Illinois v. Caballes to exclude evidence obtained after a traffic citation had been issued, thereby ending the reason for the traffic stop. If the police illegally extend a traffic stop, your attorney can file a motion to suppress any evidence obtained after the encounter should have ended.
The Waiting Is the Hardest Part
While it can feel like an eternity, the police have an obligation to keep a traffic stop as reasonably short as possible. If a routine traffic stop stretches to 30 minutes or more without a clear explanation — such as complications in your records, safety concerns, or new evidence of a crime — it may raise questions about whether the delay was reasonable. The details of your situation will dictate the length, but there are a few things to keep in mind to achieve the best available outcome.
You are permitted to ask the officer questions. They are required to let you know why you were stopped and explain any delays in processing the interaction. If you’re not sure whether you still have to stay, ask the officer whether you’re being detained or can leave. You can also ask how much longer they think the stop will take, but understand that they’re under no obligation to provide an answer.
If possible, use your phone or a dash camera to record your interactions with law enforcement. You have the right to do so, as long as it doesn’t interfere with the officer’s investigation.
As we’ve mentioned before, do not give your consent for a search of either yourself or your vehicle. Even if you don’t think you have anything to hide, the onus is on the police to have probable cause to conduct a legal search. Even if you have concerns that the stop is being illegally extended, be as cooperative as possible. The place to fight an illegal detention or search is in a courtroom with an attorney, not on the side of the road.
The ideal outcome is to be back on your way after a brief detention of five or 10 minutes, hopefully without a citation or worse. No matter how long the stop takes, do your best to stay calm, cool, and collected, even if you believe your rights are being violated.
