Mephistopheles

Nighshift, slate, and any others:

First, big thanks for taking the time to participate in such a constructive way here.

Now the questions:

1. Detentions.
In the event that you've detained someone at a traffic stop, what is the reasonable amount of time that the person can be detained for? I've only heard rumors on this one usually ranging 9-15mins.

2. Just say NO.
When asked by an officer if he can search your vehicle. In your opinion, what would be the most respectful way to say no? I am very busy, and would like to convey that sense of urgency.

3. Getting out of the car.
This seems to be a tricky situation. I've read that getting out of one's car and locking the door creates another level of expectation of privacy. Plus, it lessens one's "grabbable area" and should for that reason put the officer at ease. However, I also understand that such an action may be viewed by the officer as odd or agressive. How would you view such a situation?
Better yet, has anyone ever completely reversed roles on you by exiting the vehicle, and then approaching you in your cruiser? Again, I can see how this may put an officer on edge. Is this behaivor as atypical as I think it to be?

4. Man's best friend?
When a dog alerts on a closed compartment, how is the officer to know it's not a bag of dog food in the trunk?

Thanks for your time.

Nasarius

4. I would imagine that they're trained not to.

Niteshift

"what is the reasonable amount of time that the person can be detained for? I've only heard rumors on this one usually ranging 9-15mins. "

That answer is very variable. There has been case law that has found a 3 hour wait to get a dog to the scene to be reasonable, while other cases have ruled 45 minutes too long. There is no rule, it varies with each situation.

The two biggest factors in making the determination are 1) What is the basis for my suspiscion and 2) Am I making reasonable efforts to do this as quickly as possible. In the case that said 3 hours was ok, the dog had to come from the other side of the county in day time traffic. There was no reasonable way to get him there sooner. In the one that said 45 mins was too long, the cops had prior information about the vehicle and were expecting it. The court held that with prior knowledge, they should have had a dog closer than 45 minutes away.

"In your opinion, what would be the most respectful way to say no?"

Just be polite and say no. You don't need to offer an excuse. As far as your personal sense of urgency, I really wouldn't try to make that an issue.

"I've read that getting out of one's car and locking the door creates another level of expectation of privacy."

Some lawyers try to claim that, but it almost never holds up in court. If I have PC to search the car, I can make forced entry.

"Plus, it lessens one's "grabbable area" and should for that reason put the officer at ease. "

Not at all. Now you're able to flee on foot and I hate foot pursuits. The other reason brings us to your next point.....

"However, I also understand that such an action may be viewed by the officer as odd or agressive. How would you view such a situation?"

Doing that immediately makes me go from friendly mode to command mode. I have very few hard and fast rules, but Thou shalt not get out of the car unless told to do so is one of them. Case law backs up my authority to make you stay in the car or have you get out, whicever I want.

Depending on the area I am working, my response will vary. If the area is bad enough, the first warning (Stay in your car) is done in a command voice. The second (Sir, Stay in your car) is a little louder and more forceful. The third time I have to speak will be "Put your hands up" and it's at gunpoint. In other areas, that's not as likely.

"has anyone ever completely reversed roles on you by exiting the vehicle, and then approaching you in your cruiser? Again, I can see how this may put an officer on edge."

They've tried it, but it's never a role reversal. A sizeable number end up face down on the asphalt.

"Is this behaivor as atypical as I think it to be?"

Actually, it's not an uncommon scene, but it's usually because people think they are saving me the walk up there. Regardless, I made the stop, so I just bought a free look in the car.

"When a dog alerts on a closed compartment, how is the officer to know it's not a bag of dog food in the trunk?"

The dogs are trained to not show the alert on anything but drugs.

I had a case once (and know of other officers that had this happen too) where a guy hid a drug (not mj) in a bag of dog food. He had carefully removed that string closure many bags have and replaced it, making it look on casual inspection, to have never been opened. The dog hit on it and we, having more confidence in the dog than the driver, opened it to find 2 kilos. It made for some good pictures too

Slate

Mephistopheles,
Niteshift hit the nail on the head for your questions.

I will add one comment about question #1 regarding the reasonable amount of time of a detention. As a rookie I remember it would literally take me 20-30 minutes to fill out a citation just because I was learning. At that time that was reasonable because I didn't have the training and experience I have now. These days, anything over five minutes for a minor citation is unreasonable (for me). As Niteshift said though, it is situational.