Mailing List lml@lancaironline.net Message #58141
From: <Sky2high@aol.com>
Sender: <marv@lancaironline.net>
Subject: Re: [LML] Re: beware, you may be searched!
Date: Tue, 26 Apr 2011 20:37:31 -0400
To: <lml@lancaironline.net>
Hamid,
 
Exactly!  That is why I said being "detained" is open to interpretation.  So are the FARs.
 
We may be deteriorating into a society relying on useless bureaucrats exercising their need to intrude on and control every aspect of our life. 
 
Grayhawk 
 
In a message dated 4/26/2011 10:16:09 A.M. Central Daylight Time, hwasti@lm50.com writes:
Sky2high@aol.com wrote:
> ***Caveat*** is more interesting.
>
> Reasonable detention is open to interpretation.  It has been held that
> detaining someone stopped for a traffic violation until drug dogs
> could be obtained was not reasonable
>
I believe the reason the detention was found to be unreasonable in the
particular case you are referring to was because of the length of
detention, NOT specifically because the detention was to obtain a drug
dog. I do not believe there is a specific hard number where xx:00
minutes is OK and xx:01 is unreasonable or a list of approved and
disapproved reasons.  It is up to the "totality of the circumstances,"
which unfortunately include the personal biases of the judge as well as
the judge's assessment of the biases of the appeals court that will be
reviewing the decision.

Regards,

Hamid

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