Stop & Frisk Flashcards
Level of proof required by Terry Stops v. Arrests
General Rule
Terry Stops need…
Arrests need.
Level of proof required by Terry Stops v. Arrests.
General Rule: the greater the intrusion, the greater the evidence needed to justify it.
Note: Not all searches & seizures require probable cause.
Terry Stops: Reasonable Suspicion
Arrests: Probable Cause
What is reasonable suspicion?
Remember: Reasonable suspicion is required for Terry Stops.
Reasonable Suspicion: A suspicion is reasonable if the officer has specific and articulable facts, along with reasonable inferences from those facts, that justifies the intrusion.
Objective standard: would a reasonable person believe that the officer’s action was appropriate.
Reasonable Suspicion is necessary for each intrusion (stop, pat down, and reaching inside clothing) See other slide.
What is a seizure of a person?
Seizure of person: When a PO, by means of physical force or a show of authority, in some way restrains the liberty of a citizen.
Test: When a reasonable person would not feel free to leave under the circumstances.
Terry v. Ohio:
(Facts: 2 guys pacing in front of store taking turns, meeting up talking. Eventually they leave and meet up with another guy. PO sees all this unfold; believes it to be a casing. Stops, frisks and finds gun on D).
Rule: When an officer has reason to believe that the suspect is armed and dangerous, the officer has the constitutional authority to conduct a search of weapons without probable cause or a warrant.
Note: This is limited for the sole purpose of determining whether the person is armed and dangerous.
Reasonableness is central to the inquiry.
Types of Terry Intrusions:
- S/S
- F/P
- S&S
Types of Terry Intrusions:
- Stop/Seizure: (reasonable suspicion that crime has been or is being committed).
- Frisk/Pat Down: (of outer clothing) (requires reasonable suspicion that D is presently armed and dangerous).
- Search & Seizure: inside pockets (reasonable suspicion that weapon is in clothing).
When determining whether a Terry Stop has been appropriately based on Reasonable Suspicion, what’s the test and factors to consider:
- O
- H
- C
- U
- D
- T
Totality of the Circumstances determines whether there was reasonable suspicion. Factors in this Totality analysis are:
- Officer’s personal knowledge and observations
- Reliable Hearsay
- Criminal profiles
- Unprovoked flight
- Demeanor/nervousness
- Type of crime
Hearsay & Terry Stops:
General Rule:
When Hearsay is Insufficient for Terry:
Hearsay & Terry Stops:
General Rule: Hearsay may be used to justify reasonable suspicion in a terry stop if it carries enough indicia of reliability to justify one.
Hearsay is insufficient for Terry (lack indicia of reliability) where the informant is (1) anonymous and (2) provides insufficient statements for the PO to conclude that he’s honest/information is reliable.
May Police use Race as a factor in Terry Stops?
Police may use race as a factor but it may not be the sole reason.
e.g., D was a white man from out of state driving into South East DC. He entered a home and exited quickly thereafter.
Length of Detention: Terry Stop
US v. Sharpe: When does a terry stop become an arrest?
Rodriguez v. United States: What happens if you prolong a stop with a dog sniff w/o reasonable suspicion justifying a sniffing?
Length of Detention: Terry Stop
Test (Stop or Arrest): whether stop becomes an arrest depends on whether the police diligently pursued a means of investigation that was likely to confirm or dispel the suspicion.
Rule: officer is permitted to conduct ordinary inquiries incident to stop but once the purpose of the stop is completed, prolonging the stop violates the 4th Am unless RS exists justifying the continued seizure of the vehicle.
Vehicles/Occupants & Terry Stops
Can Police Terry Frisk a car where office has RS that motorist is violating the law?
Vehicles/Occupants & Terry Stops
Police CAN Terry Frisk a car where officer has RS that a motorist is violating the law; may order people out of car if stop is justified; if officer has reason to believe the driver or occupant of the vehicle is armed & dangerous, officer may frisk person and car within occupant’s control.
Does it matter if Police pull you over with RS for one crime (under terry) even though they really wanted to investigate you for another?
(See Whren v. United States)
NO.
Rule: So lang as police can validly stop a car used on RS for one crime, it does not matter that the police really wanted to investigate for a different crime.
Does Terry Authorize a Protective Search of a vehicle for weapons?
(See Mich v. Long)
Yes.
Rule: If an officer has RS that a person may be armed and dangerous and may gain immediate control of the weapon, the terry frisk is allowed.
What is determinative when a Police Officer gets an anonymous 911 call is relates to a Terry Stop?
Rule: An officer can make a Terry Stop based on RS if the totality of the circumstances provide the officer with a indicia of reliability.
RS Test: a particularized and objective basis for suspecting the particular person stopped of criminal activity.
Note: Corroboration is key to this inquiry
Can Reasonable Suspicion be based on reasonable mistakes of law and facts?
Yes. Reasonable suspicion may be based on a reasonable mistake of law or a reasonable mistake of fact.
Flight in High Crime Areas
Illinois v. Wardlow: Is unprovoked flight sufficient for RS in terry stops?
Rule: Unprovoked flight + other factors–such as the presence of the police in a high-crime area–CAN constitute RS justifying a search or seizure, at least in the absence of circumstances that suggest the fight is motivated by a non-criminal purpose.
Flight by itself is insufficient to establish RS.
Note: Refusal to cooperate alone is insufficient to justify a detention or seizure.
