What is the test for determining whether a search or seizure under the Fourth Amendment can take longer or longer?

California, United States of America


The following excerpt is from The People v. Jackson, A126161, Super. Ct. No. SCR 511234 (Cal. App. 2010):

made its initiation permissible. [Citation.] Circumstances which develop during a detention may provide reasonable suspicion to prolong the detention. [Citation.] There is no set time limit for a permissible investigative stop; the question is whether the police diligently pursued a means of investigation reasonably designed to confirm or dispel their suspicions quickly." (People v. Russell (2000) 81 Cal.App.4th 96, 101-102.)

"In determining whether the challenged search or seizure was reasonable under the Fourth Amendment, we review the magistrate's factual determinations under the substantial evidence standard. [Citation.] We judge the legality of the search by 'measur[ing] the facts, as found by the trier, against the constitutional standard of reasonableness.' [Citations.] Thus, in determining whether the search or seizure was reasonable on the facts found by the magistrate, we exercise our independent judgment." (People v. McDonald (2006) 137 Cal.App.4th 521, 529.)

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