Terry Stops Flashcards
Florida v. JL (2000)
An anonymous tip that a person may be carrying a gun does not justify a stop and frisk under the Fourth Amendment unless there is additional corroboration to ensure that the tip has “sufficient indicia of reliability” to create reasonable suspicion justifying a stop.
*unanimous decision
*young black man/bus stop/plaid shirt wearing gun
√officer observation did NOT corroborate suspicion but
√did corroborate description (only)
Detain/Stop rule
A police officer must be able to point to Specific & articulable facts , which Taken together with RATIONAL INFERENCES from those facts, reasonably warrant that intrusion.
Reasonable & articulable suspicion of a crime
Needed for a Terry Stop- Brief detention to confirm or dispel suspicions
Frisk/Pat down
must have reas. suspicion that person is armed & presently dangerous
Open with….
Not every encounter between an officer and civilian is a detention….”
What officer need to ask for consent?
NOTHING—NO reas suspicion at all is req.
De Fact Arrest
Dunaway v. NY:
moving a person from where they chose to be is significant
-defacto arrest need p/c
FL v Royer
airport; kept id; moved him from pubic place
Held: CONSENT to W’less search is INVALID if–was illegally detained at the time consent was given!!
defacto arrest–req. p/c—unlawful seizure of him—> consent invalid!
PA v. Mimms
A driver can be ordered out a car during a police stop w/out REAS ARTIC SUSP solely for reasons of officer safety.
√extended to passengers
√still need reason to pull over in 1st place
√not evenly applied; officer discretion
When is it a seizure?
A 4th amend seizure occurs when a reas. person would feel that he is not free to leave (US v. Mendenhall–gave back ID/ticket)
US v. Drayton
“not every encounter…is a terry stop”
greyhound bus;ask search bag;ask search person;nonverbal lifts hands;drugs;arrested
Rule: the police may request consent to search even if no reas suspicion that indiv doing illegal activity & citizen is not subj to seizure if reas. person would feel free to leave.
Arguments between
terry stop—–>
CA v. Hodari D
Reas suspicion that crime is afoot.
youth-ran-chase
rule: 4th amend seizure occurs where the police exercise physical force over a subject or where a subject SUBMITS to an officer’s show of authority.
FACTORS POLICE USE
reas suspicion that crime is afoot..
- match description (specifics, not general)(med build≠spec)
- spatial/temporal proximity
- high crime area (FL v JL–only limited relevancy)
- Furtive Gestures
- Knowledge of suspect (immigration status; gang)
- Traffic violations
- flight/unprovoked flight
- officer training/experience
MA
flight alone not enough; need flight +
(Fed) Brown v. TX
presence in high crime area alone is NOT a basis for a Terry Stop.
but Factors taken together can= reas & artic suspicion
Illinois v Wardlow
high crime area; fled as soon as saw police
per se rule- unprovoked flight is a basis to stop
flight= basis to stop and confirm/dispel suspicion
rule: an officer may stop & frisk citizen on street when reas suspic that person is ARMED and pose a threat to officer.
why Stevens hates Wardlow decision
Can an informant’s tip be reas suspicion?
to determine whether informants tip provides reas suspicion the totality of circumstances will be analyzed, with attention to the veracity and reliability and BOK of informant. (AL v. White- anony caller; detailed predictive future behavior)
Hibble
requesting ID w/in lawful stop is reas part of Terry Stop
-reas for police to K who they are dealing with.
