Crime & Law Enforcement Issues & Death Penalty/Apparently, in illinois, if...

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Expert: - 4/22/2004


Question
Apparently, in illinois, if a cop pulls you over and you are there for more than 20 minutes, and you do not leave in hand cuffs, it is an invalid traffic stop. (I.E. A speeding ticket issued then would not
hold up in court).  Where would this this be stated in Illinois law?  Would it be in the Vehicle code?

Answer
I'm not aware of any such law. The courts have ruled that you can be detained as long as reasonably necessary which is not clearly defined. There may be a court in your area that made a ruling that 20 minutes is sufficient time to issue a citation. But just because one court makes a certain ruling, does not make it a law and every situation is different. For instance, what if the officer needed to issue someone more then one citation?

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