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As it regards whether you are being routinely detained or arrested:
New Jersey courts have not established any firm guidelines regarding the length of time or circumstances involves that would convert a routine traffic stop into a de facto arrest.
It is generally understood that longer detentions by police become arrests by virtue of the time involved and or the means of detention. Example: on those TV shows where they film the police handcuffing people and informing them that they are not under arrest - - the police are lying. Hand cuffs are absolutely an arrest.
The longer a traffic stop continues, the more likely the courts are to regard the investigative detention as an arrest.
Today in State v. Baum, the Appellate Division found that a traffic stop lasting 26 minutes was reasonable. They found that the delay caused by false hoods told to the police --- DURING A FULL BLOWN CUSTODIAL DETENTION AND INTERROGATION when no miranda warnings were offered.
It should be noted that the Appellate Judges who decided this case: Parrillo and Sapp-Peterson, are among the most (if not the most) ANTI-Citizen and PRO-Police judges in the state of New Jersey. As an attorney I have read their holdings extensively observing that they are willing to ignore facts plain in the record below while insisting that those facts are not there, that they are willing to invent facts to bolster their unreasonable and unjust decisions. In short I can think of no two judges who are less competent to sit on any bench.
In their opinion Parrillo and Sapp-Peterson justify unlawful police misconduct by using talismanic and meaningless expressions such as : “Interstate 78, which is a known drug courier route.” To describe where the stop was made.
Parrillo and Sapp-Peterson blindly accepted the police explanations as to why they dragged their feet by offering the unrealistic and self serving excuse that there was too much radio traffic to call in a driver’s license.
The police in the instant matter had all the passengers out of a car and separated them to interrogate them fully. The interrogations took 26 minutes during which the police failed to offer Miranda warnings and then violated the law by unlawfully searching the car.
But Parrillo and Sapp-Peterson absolutely had to turn everything around to make the police look like heroes who saved the universe from blood thirsty psychokillers.
It is my most profound hope that this is being appealed to the NJ Supreme Court.
New Jersey courts have not established any firm guidelines regarding the length of time or circumstances involves that would convert a routine traffic stop into a de facto arrest.
It is generally understood that longer detentions by police become arrests by virtue of the time involved and or the means of detention. Example: on those TV shows where they film the police handcuffing people and informing them that they are not under arrest - - the police are lying. Hand cuffs are absolutely an arrest.
The longer a traffic stop continues, the more likely the courts are to regard the investigative detention as an arrest.
Today in State v. Baum, the Appellate Division found that a traffic stop lasting 26 minutes was reasonable. They found that the delay caused by false hoods told to the police --- DURING A FULL BLOWN CUSTODIAL DETENTION AND INTERROGATION when no miranda warnings were offered.
It should be noted that the Appellate Judges who decided this case: Parrillo and Sapp-Peterson, are among the most (if not the most) ANTI-Citizen and PRO-Police judges in the state of New Jersey. As an attorney I have read their holdings extensively observing that they are willing to ignore facts plain in the record below while insisting that those facts are not there, that they are willing to invent facts to bolster their unreasonable and unjust decisions. In short I can think of no two judges who are less competent to sit on any bench.
In their opinion Parrillo and Sapp-Peterson justify unlawful police misconduct by using talismanic and meaningless expressions such as : “Interstate 78, which is a known drug courier route.” To describe where the stop was made.
Parrillo and Sapp-Peterson blindly accepted the police explanations as to why they dragged their feet by offering the unrealistic and self serving excuse that there was too much radio traffic to call in a driver’s license.
The police in the instant matter had all the passengers out of a car and separated them to interrogate them fully. The interrogations took 26 minutes during which the police failed to offer Miranda warnings and then violated the law by unlawfully searching the car.
But Parrillo and Sapp-Peterson absolutely had to turn everything around to make the police look like heroes who saved the universe from blood thirsty psychokillers.
It is my most profound hope that this is being appealed to the NJ Supreme Court.
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