Unreasonable Detention Time
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. This prevents the police from seizing your property, but it also keeps them from seizing you and throwing you in jail without a reason. The police must also charge a suspect in custody within a certain amount of time to avoid violating the suspect’s constitutional rights.
The protections of the Fourth Amendment cover you while you’re detained during a traffic stop. You are also protected from indefinite detention when you’re taken into police custody. Police sometimes bend the rules when they’re trying to bust someone they suspect has committed marijuana crimes. If you suspect that you or someone you know has been detained for an unreasonable amount of time, it would be a good idea to contact the Law Offices of David Sloane, PLLC for a free evaluation of your case.
Defense Attorney for Unreasonable Detention Time in Texas
The criminal defense attorneys at the Law Offices of David Sloane, PLLC are passionate about protecting your Constitutional rights. Before his over two decades of service as a lawyer, attorney David Sloane worked as a police lieutenant. If there’s anyone who understands how the police operate, it’s a former officer.
If you think you’ve been unlawfully detained during a traffic stop or in jail, the Law Offices of David Sloane, PLLC can help. Our goal is to avoid going to trial. Whenever possible, we’ll push to dismiss your charges. If that’s not possible, we will try to negotiate your charges down to lesser offenses. The Law Offices of David Sloane, PLLC represents Texas clients from the Gulf Coast to the Panhandle, including the counties of Wise, Dallas, Tarrant, Childress, Hudspeth, and many others.
Overview of Unreasonable Detention Time in Texas
- What Is Habeas Corpus?
- Unreasonable Detention During a Traffic Stop
- Unreasonable Detention in Jail
- Additional Resources
What Is Habeas Corpus?
Habeas corpus is such an important legal procedure that the founders of the United States explicitly included it in the Constitution. A person who is arrested may demand that the legality of their detention be reviewed by a court. This concept exists to prevent the unlawful and indefinite detention of prisoners.
The concept of habeas corpus has existed since before the United States was established. The origins of habeas corpus can be traced back to Late Middle Ages England around the year 1305. Thomas Jefferson deemed habeas corpus protections to be “essential principles of our Government.”
If you or a loved one have been detained for an unreasonable amount of time, we recommend contacting the marijuana defense attorneys at the Law Offices of David Sloane, PLLC.
Unreasonable Detention During a Traffic Stop
Let’s say a police officer pulls you over for a blown tail light. The officer may detain you only as long as is reasonably required to handle the issue that prompted the traffic stop. Without a warrant, permission from the suspect, or reasonable suspicion they’d find evidence a crime was committed, police may not search you or your vehicle.
That’s where police dogs (K9s) come in. K9s trained to signal when they smell contraband, such as marijuana, may be directed to smell around the vehicle during the course of the reasonable stop. If a dog signals that it smells something, the police consider this probable cause to thoroughly search your car.
The detention becomes unreasonable when the cops prolong the traffic stop to make you wait for K9s to arrive. Contact the experienced marijuana defense attorneys at the Law Offices of David Sloane, PLLC for a free case evaluation to determine if your constitutional rights have been violated. With thousands of marijuana cases under our belts, we are also well qualified to help you defend against any marijuana charges you may be facing.
Unreasonable Detention in Jail
In addition to protecting you from unlawful detention during a traffic stop, the Fourth Amendment also prevents law enforcement from locking you up without charging you. The Texas Code of Criminal Procedure Section 14.06 states a suspect must appear before a magistrate within 48 hours of arrest.
When the accused first sees the judge, the judge informs the accused of their charges. The judge also discloses whether a sworn affidavit was submitted to support the charges. At this point, the accused should be able to post bond (if permitted) to get out of jail.
Unreasonable detention puts a hold on the process of justice. It may also be a violation of your constitutional rights. The knowledgeable attorneys at the Law Offices of David Sloane, PLLC can help you determine if the police breached protocol during your detention.
Background on Habeas Corpus | ACLU – The American Civil Liberties Union is a non-partisan, non-profit organization focused on protecting and preserving the civil rights of American citizens. Visit this website to read a brief summary of the idea of habeas corpus and its application to our legal system. Here you can also read about how the Military Commissions Act of 2006 threatens this fundamental American right.
Supreme Court Finds Prolonged Traffic Stop Unconstitutional | ABA – The mission of the American Bar Association is to serve as the representative of the American legal profession. Visit this link to read about the U.S. Supreme Court’s ruling in the 2015 case of Rodriguez v. United States. The Court issued an opinion stating that holding suspects while the police waited for a K9 unit to arrive amounted to unreasonable detention. The Court ruled that this practice is unconstitutional.
Texas NORML – The National Organization for the Reform of Marijuana Laws is a nonprofit organization fighting for the legalization of marijuana with local chapters across the country. Texas NORML is the chapter located in Austin, TX. Visit this website to read about current events involving marijuana, including pending legislation. Here you can also learn who your representatives are and how you can get involved with marijuana activism.
Defense Lawyer for Unreasonable Detention Time in Texas
If you believe you or someone you know has been detained for an unreasonable amount of time, contact the Law Offices of David Sloane, PLLC. We can review your case to determine if your constitutional rights were violated. If necessary, we can file a writ of habeas corpus forcing the authorities detaining the accused to bring them to court to explain the reason for the detention. If you’re facing felony marijuana charges following a detention by the police, we know how to fight for the most favorable possible outcome.
The Law Offices of David Sloane, PLLC helps ensure clients just like you are treated fairly in the eyes of the law. You are presumed innocent until proven guilty. We’ll fight to protect your innocence. Our attorneys represent clients all over the state of Texas, including Wilbarger, Armstrong, Carson, Donley, and Gray Counties.
This page was last updated on Thursday, February 7, 2019.