Contours of Reasonable Suspicion Flashcards
When does an officer have reasonable Suspicion?
If he can point to some (maybe even just a few) specific facts that, along with reasonable inferences based on those facts, justify the officer in believing that a person is engaged in criminal activity (for the stop) and
is armed and dangerous (for the frisk)
Is a hunch enough for Reasonable Suspicion?
NO:
Must be MORE than a hunch, Hunch alone is NOT enough
Is the Officer’s subjective belief of reasonable suspicion enough?
NO, it is irrelevant because Courts use the objective standard
Courts may consider an officer’s training and experience to determine whether his inferences were reasonable
Do Checkpoints (Roadblocks, DUI) require Reasonable Suspicion?
NO:
Reasonable suspicion NOT required to set up roadblock so long as it is reasonably applied and is neutral in application
Police cannot pick and choose who they want to talk to: must apply checkpoints equally
Are Anonymous tips enough for Reasonable Suspicion ?
NO:
By themselves, are not enough and must be corroborated by police investigation
Do Informants tips require Reasonable Suspicion?
Factors such as basis of knowledge, Veracity, and totality of circumstances are used to determine reasonable suspicion from informant’s tips
Can an Unprovoked Flight amount to Reasonable Suspicion?
YES
A flight of a suspect in a high crime area can amount to reasonable suspicion and justify a lawful stop and frisk by the police
Factors to Consider when determine whether there is Reasonable Suspicion by Officer
- High Crime Area
- Unprovoked Flight
- Nervous Evasive Behavior
What is a Protective Sweep?
A quick and limited search of the premises incident to arrest and conducted to protect the safety of police officers and others
What is a Protective Sweep limited to?
Narrowly confided to a cursory visual inspection of other places in which a person might be hiding
When is a Protective Sweep Permitted?
As incident to Arrest, officers could use a precautionary matter without probable cause to reasonable suspicion
Police Officers may conduct a protective sweep of a residence during an in home arrest if they have reasonable suspicion that a dangerous person may be hiding nearby: the search is limited
Can Officers Seize Property on Reasonable Suspicion?
YES:
Officers may briefly seize items upon reasonable suspicion that they are or contain contraband or evidence, but such seizures are limited
90 minute detention of luggage reasonably suspected to contain drugs unconstitutional
