Searches Reasonable Suspicion/probable Cause Flashcards
General field inquiry
When police approach someone in a public place and Ask them a few questions, even though there’s no RAS or PC. The person is free to leave whenever they want, and doesn’t have to answer the questions . No justification is needed. Field inquiry can’t be based on race or age
Investigative detention
Are based on reasonable articulable suspicion. This is detaining a citizen for questioning to confirm or dispel suspicions. It’s not an arrest but they can be cuffed(if there are reasonable safety concerns) and they can’t leave. The detention must be brief(no hard time limit)
Must use least intrusive techniques to find out what’s up
Reasonable articulable suspicion
Specific, articulable facts which form the basis for suspecting that someone committed or is about to commit a crime
Just be able to explain why u were suspicious and it can’t be based on race or something
Example of a reason u can cuff in an investigative detention
If I tell them to take their hands out of pocket and they keep doing it
What can Private citizens vs anonymous tips lead to
Citizen tips can give me RAS.
But anonymous tips have “zero credibility” and ALONE can’t provide RAS even if the individual who is accused is at the scene and dressed the way the anon tipper said he was dressed. In anon tip must be corroborated. Finally, an anonymous tip is Not the same as an unknown citizen informant
Probable cause
This is needed to make an arrest. It’s more than a mere explicable suspicion we can make a warrantless arrest if we have probable cause to believe the indictable offense occurred
Weapons pat down
If the detention is justified and there’s RAS to believe the suspect is armed and dangerous. I can conduct a pat down frisk on their outer clothes to feel for weapon.
Here’s some factors that can lead to RAS needed for a frisk.
Knowledge of suspects criminal history
Lying
Bulges
Plain view
You can seize evidence u see in plain view if u have a right to be there and probable cause to believe the item is evidence or contraband