Stop Flashcards
Does reasonable suspicion have to be objective?
Reasonable suspicion must be more than an inchoate and unparticularized suspicion or “hunch”. Id. at 27.
When can a police officer stop a person? What is reasonable suspicion?
Under Terry v. Ohio, a police officer may stop, detain, and briefly question a citizen if the officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot.”
What is an officer’s stop based on?
“Based upon the whole picture [i.e. totality of the circumstances] the detaining officers must have a particularized and objective basis for suspecting the particular person stopped of criminal activity.” United States v. Cortez, 449 U.S. 411, 417-418 (1981).
How long does an investigative detention last?
An investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop. Florida v. Royer, 460 U.S. 491, 500 (1983).
What is the scope of an investigatory stop?
In evaluating the constitutionality of the scope of an investigatory stop, the court examines “whether the officer’s action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place.” Terry, 392 U.S. at 20.
Can stop violated the Fourth Amendment?
Detentions may be “investigative” yet violative of the Fourth Amendment absent probable cause. Royer, 460 U.S. at 499.
What is a show of authority?
Notwithstanding, the initial stop was a Terry stop as the Officers exerted a show of authority7 that communicated to the individual that her liberty [was] restrained, meaning she was not free to leave. See Terry, 392 U.S. at 1
What test for a stop?
The crucial test is whether, taking into account all of the circumstances surrounding the encounter, the police conduct would have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.” Bostick, 501 U.S. at 437.
What are some factors for a show of authority?
The show of authority can be demonstrated in several forms, such as “the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer’s request might be compelled.” United States v. Mendenhall, 446 U.S. 544, 554(1980).
How do we know this was a stop?
Petithomme was not free to ignore the Officers. she was in a parked car within the curtilage of her home. Officers ordered and yelled at her to provide identification. Officers ignored her question regarding the suspicious vehicle Petithomme asked the Officers if she could go into her home Officers asked to search her vehicle and she said no and they searched anyway. two male officers compared to Petithomme a single female Officers contend that Petithomme’s failure to comply in an expeditious manner was the basis for her arrest.
Why was the initial stop was an unlawful Terry stop?
The Officers received a dispatch concerning a suspicious vehicle, specifically, a white dodge with two black males on the corner of 148th street and northwest 10th place. When the Officers arrived in the vicinity, they observed a silver Nissan Altima parked on private property and allegedly saw the brake lights going on and off. The Officers circled around the residence and observed the parked vehicle with an alleged obstructed tag8 on private property.
How do we know this Terry stop became unlawful?
A reasonable officer receiving the dispatch would not believe that Petithomme, a single African-American female in her silver Nissan Altima parked on private property had committed or was about to commit a crime, because she nor vehicle match the description in the dispatch. T
How do we know their purpose?
The Officers clearly identified the purpose of their stop, i.e. investigating a suspicious vehicle because they received a call indicating there were two black males in a white dodge on the corner of 148th street and northwest 10th place. The Officers told Petithomme the purpose of their stop, i.e. they were investigating a suspicious vehicle. Subsequent to the unlawful arrest, Martin had the wherewithal to identify this same purpose in the police report.
How do you explain the brake lights flicker on and off and the conceal tag?
Those were mere hunches. Though these are suspicious, they do not rise to amount to reasonable suspicion. Given the totality of the circumstances, how is this indicative of criminal activity.
How do we know the For all the Officers knew, she was serving as a lookout or getaway driver, or she had stolen the car.”
1) For all they knew signifies they really don’t know why they are stopping Petithomme, (2) They fail to point to specifics facts that advances any of these argument…
