Regaring Prolonged DUI Detentions, an investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop. In U.S. v. Sharpe (1985) 470 U.S. 675, the court held that a 20-minute delay during an investigative stop was not unreasonable. Stating that there is no “bright line” rule, the court defined the standard as: “whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant.” [California cases are People v. Gomez (2004) 117 Cal.App.4th 531—A delay of over one hour to obtain a K-9 unit to do a narcotics search of an automobile constituted an illegal detention. The denial of the defendant’s suppression motion was nonetheless upheld due to the fact that the court found the officer had probable cause to make what the court termed was a de facto arrest. People v. Gorak (1987) 196 Cal.App.3d 1032—20-minute delay for drug influence expert was okay; and People v. Dasilva (1989) 207 Cal.App.3d 43—20-to-25-minute delay to check out-of-state registration was O.K.; also see U.S. v. $191, 910 in U.S. Currency (1991) 772 F.Supp. 473.]
