Is Traffic Stop Up to 20 Minutes Reasonable ?
In the syllabus of State v. Jones (2000), 88 Ohio St.3d 430, 727 N.E.2d 886, the Supreme Court held that an arrest in violation of R.C. 2935.26 violates Section 14, Article I of the Ohio Constitution and the Fourth Amendment to the United States Constitution.
In the syllabus the court also held that evidence obtained incident to such an arrest is "subject to suppression in accordance with the exclusionary rule."
The decision in Atwater v. Lago Vista, supra, does not affect the part of the Jones syllabus that holds that an arrest in violation of R.C. 2935.26 violates the Ohio Constitution, nor does it affect the part of the syllabus that recognizes that the remedy for such violation is excluding evidence obtained incident to such an arrest.
A traffic stop may last no longer than is necessary to effectuate the purpose of the stop. State v. Carlson, supra, 102 Ohio App.3d 585 During the stop, the officer may run the driver's license through L.E.A.D.S. to ascertain whether the license, plates, and registration are valid and to make sure the driver does not have any outstanding warrants. Carlson, 102 Ohio App.3d at 598, 657 N.E.2d 591.
In determining whether the length of the stop was reasonable, a trial court must consider the duration of the stop in light of all the circumstances and also consider whether the officer acted diligently in conducting his/her investigation. Carlson, 102 Ohio App.3d at 598, 657 N.E.2d 591.
Traffic stops up to twenty minutes have been held to be reasonable by both the Ohio and United States Supreme Courts. State v. Cook, supra, and United States v. Sharpe, supra.