Terry Stops

Question 1

Florida v. JL (2000)

Answer 1

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)

Question 2

Detain/Stop rule

Answer 2

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.

Question 3

Reasonable & articulable suspicion of a crime

Answer 3

Needed for a Terry Stop- Brief detention to confirm or dispel suspicions

Question 4

Frisk/Pat down

Answer 4

must have reas. suspicion that person is armed & presently dangerous

Question 5

Open with….

Answer 5

Not every encounter between an officer and civilian is a detention….”

Question 6

What officer need to ask for consent?

Answer 6

NOTHING—NO reas suspicion at all is req.

Question 7

De Fact Arrest

Answer 7

Dunaway v. NY:
moving a person from where they chose to be is significant
-defacto arrest need p/c

Question 8

FL v Royer

Answer 8

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!

Question 9

PA v. Mimms

Answer 9

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

Question 10

When is it a seizure?

Answer 10

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)

Question 11

US v. Drayton

Answer 11

“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.

Question 12

Arguments between

Answer 12

terry stop—–>

Question 13

CA v. Hodari D

Reas suspicion that crime is afoot.

Answer 13

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.

Question 14

FACTORS POLICE USE

reas suspicion that crime is afoot..

Answer 14

• 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

Question 15

MA

Answer 15

flight alone not enough; need flight +

Question 16

(Fed) Brown v. TX

Answer 16

presence in high crime area alone is NOT a basis for a Terry Stop.
but Factors taken together can= reas & artic suspicion

Question 17

Illinois v Wardlow

Answer 17

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.

Question 18

why Stevens hates Wardlow decision

Question 19

Can an informant’s tip be reas suspicion?

Answer 19

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)

Question 20

Hibble

Answer 20

requesting ID w/in lawful stop is reas part of Terry Stop

-reas for police to K who they are dealing with.