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Question Details: Is there a maximum amount of time the police can hold you up without either arresting you or letting you continue on your way?
Filed under Criminal Law | 3731 View(s)
Community Law Wellington & Hutt Valley
A police officer can require you to pull over so he or she can ask you questions about your identity and the vehicle you're driving. The police officer is not allowed to take more than 15 minutes of your time to do this. However, the police also have other powers to keep you there for other purposes (for example, for breath testing). The amount of time they can hold you for these other reasons will depend on the circumstances.
The police may require you to pull over for up to 15 minutes to get the following information:
- your full name, address, date of birth, occupation, and telephone number
- whether or not you are the owner of the vehicle;
- if you are not the owner, details (e.g. the name and address) of the owner of the vehicle.
The police can also order you to pull over for other purposes. For example, the police can keep you on the side of the road for breath testing, or to search you and your vehicle in certain limited circumstances. The amount of time the police can take in these circumstances will depend on what is reasonable and can be more than 15 minutes.
For further information on police powers when you're driving, click here for the Community Law Manual: www.communitylaw.org.nz. For more general information on police powers form the Manual, click here: www.communitylaw.org.nz.
Answered 20 Nov 2012. The IMPORTANT NOTICE below is part of this answer.
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