Excessively long police stops can get Virginia criminal defendants’ seized evidence suppressed, says Fairfax criminal lawyer

Excessively long police stops may (or may not) be your ticket to a better result in your Virginia criminal prosecution. As a Fairfax criminal lawyer, I know that “Traffic stops are analogous to investigatory Terry stops. Rodriguez v. United States, 575 U.S. 348, 354 (2015). ‘Like a Terry stop, the tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s “mission”—to address the traffic violation that warranted the stop, and attend to related safety concerns.’ Id. (citations omitted) (quoting Illinois v. Caballes, 543 U.S. 405, 407 (2005)). Detention for a traffic stop becomes unlawful ‘when tasks tied to the traffic infraction are—or reasonably should have been—completed.’ Myers v. Commonwealth, 83 Va. App. 656, 668 (2025) (quoting Rodriguez, 575 U.S. at 354).” Prater v. Commonwealth of Virginia, Record No. 1846-24-3 (Va. App. 2026) (unpublished); see also Cecil v. Virginia, Record No. 0546-25-3 (Va. App. 2026) (unpublished).

Should my Virginia criminal defense lawyer and I pay attention to cues to an excessively long police stop?

Common with police is to try to fly under the radar of being deemed to have excessively prolonged a law enforcement officer (LEO) stop. For instance, an LEO might say that the drug dog arrived while the police officer was still writing their summons for a speeding summons or other moving violation summons. How long does it really take to write and deliver such a summons, particularly when plenty of Virginia police have machines that print out such summonses without needing them to be handwritten. Yes, as a Fairfax criminal lawyer, I know that suspects should pay close attention to periods of mere waiting around, engaging in interrogatory fishing trips, and seeks advice from colleagues and LEO superiors between the time the LEO stops you and arrests you. If your incident is recorded on police bodycam or dashcam, that footage can help with such an analysis and argument.

Should I tell my LEO that my police stop is too long?

Rather than telling your police officer that you have been stopped excessively long, you can simply ask: Am I free to leave? If you leave a police stop before obtaining such clear permission, you risk being charged with an additional charge of obstructing justice, and also risk being tackled or otherwise manhandled by LEO, which then also risks being charged with assaulting an LEO, which is a Virginia felony carrying a minimum six months incarceration.

Should my Virginia criminal defense lawyer rely on my elongated police stop as the sole basis to succeed in my defense?

Your Virginia criminal defense lawyer should not rely on an arguably excessively long police stop as the magic bullet to win your case, because your judge may not see matters that way. Instead, make sure that your criminal defense attorney will thoroughly seek more than one basis to obtain as much justice as possible for you. This and other areas of Fourth Amendment and other Constitutional arguments often involve substantial complexity as to the law, the evidence and how to argue. Make sure that your criminal defense lawyer will capably handle that in a persuasively synthesized way.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia felony, misdemeanor and DUI prosecutions. Get peace of mind by meeting with Jon Katz for a free initial in-person confidential consultation about your court-pending prosecution, by contacting Jon’s staff at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.