> The fastest way is leaving it vague, waiting for some court case to set precedent on what is "too long" and use that as a reference for future court cases.
We're stuck with the courts because congress doesn't do their job, but leaving this to the courts to decide on a case by case basis could mean that only people who can afford to pay the lawyers and court fees and take the time off for a lengthy court battle against the police can expect to have their rights respected. Ideally, we'd have claws with specific limits that would then be used to set department policy. That way it'd be clear to everyone what the expectation is and when a violation occurred.
We're stuck with the courts because congress doesn't do their job, but leaving this to the courts to decide on a case by case basis could mean that only people who can afford to pay the lawyers and court fees and take the time off for a lengthy court battle against the police can expect to have their rights respected. Ideally, we'd have claws with specific limits that would then be used to set department policy. That way it'd be clear to everyone what the expectation is and when a violation occurred.