We explore time and detentions rules in our “From Classroom” two-part series. First, past precedents.

From the Classroom
By Raymond Hill
Professor Emeritus, Santa Rosa Junior College 

Time and Detentions Part I – The Basics 

This From the Classroom series will be in two parts. The first, Time and Detention –The Basics, will explore past precedent. Second, Time and Detentions – Recent Cases, will explore three cases decided in 2023 in which the prosecution lost two and won one. 

The Basics 

The general rule is that an officer may detain a person for as long as is reasonably necessary to accomplish the purpose of the investigation (U.S. v. Sharpe (1985) 470 U.S. 675). The Sharpe court declined to set a “bright line” rule for time stating that “common sense and ordinary human experience must govern over rigid criteria.”  

So, for felony and misdemeanor investigations, time is governed by investigative need, investigative justification, and officers pursuing investigation in a diligent manner.  

What do you need to do to determine if criminal activity has occurred? Is what you are doing a standard police practice in investigation? You may have to multi-task in moving through your investigation (or as my colleague Bob Phillips would say, “Don’t dillydally!”)  

Examples 

• An additional 10 minutes to call for the assistance of a more experienced officer to evaluate symptoms of drug use. The additional time was necessary to determine whether the suspect was involved in criminal activity (Peo. v. Gorak (1987) 196 Cal. App 3d 1033) 

• Extending a detention 15-20 minutes to obtain a Spanish-speaking officer to confirm or dispel suspicions in a narcotic sales case (Peo. v. Avalos (1996) 47 Cal. App. 4th 1569) 

• Detaining a suspected DUI driver for an hour in the lobby area of a U.S. Customs checkpoint awaiting the arrival of the CHP. The delay was unavoidable and necessitated by the need to have the proper agency handle the investigation (© 2026 Legal Updates, LLC.
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