2 was the seizure reasonably related in scope to the

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2) Was the seizure reasonably related in scope to the justifying circumstances? B) Arrest 1) Any stop that is so intrusive as to require probable cause for its justification (a) Intrusiveness may be in time (liberty-restricting) or in scope (privacy- infiltrating) C) Mendenhall Test for seizure ( United States v. Mendenhall ) 1) Seizure occurs when a reasonable person would feel unfree to leave due to: (a) Physical force, or (b) Show of authority (i) Seizure by show of authority can only occur when subject actually submits to authority ( California v. Hodari D. ) D) Florida v. Bostick 1) So long as a reasonable person would feel free to disregard the police and go about his/her business, no seizure has occurred II Reasonable Suspicion A) Generally 1) Lower evidentiary standard that probable cause 2) Police must be able to demonstrate that they had reasonable suspicion based on objective facts (a) Mere hunches not sufficient (b) Police may use experience, training, and expertise to infer reasonable suspicion B) Wardlow 1) Presence in a high-crime area alone not sufficient for reasonable suspicion 2) Unprovoked flight not sufficient for reasonable suspicion C) Alabama v. White 1) Anonymous tips may be the basis of reasonable suspicion if they meet the Gates Test 2) Florida v. JL (a) Insufficient or too broad tips will not provide basis for a reasonable suspicion III Terry Stops A) Generally 1) Less than full custodial arrests, but still seizures B) Showing Required 1) Police officer has a reasonable suspicion to seize subject C) Scope Conferred 1) United States v. Sharpe (a) Officer’s action must be justified at its inception (b) Officer’s action must be reasonable in scope (c) Police may not detain subject for longer than is reasonably necessary to investigate 13
2) Hayes v. Florida (a) Police procedures may become qualitatively and quantitatively intrusive so as to require probable cause (b) Terry stops end once police have probable cause (c) Transport to a police station involuntarily is a de facto arrest, not a Terry investigative stop IV Terry Frisks A) Purpose 1) Protect the officer during a lawful Terry Stop B) Showing Required 1) Police officer must have a reasonable suspicion that the suspect is armed and dangerous C) Scope Conferred 1) Whatever is needed for officer safety is searchable (a) Typically an outer-clothing pat down 2) Michigan v. Long (a) Protective frisk of a passenger car compartment on reasonable suspicion is permissible if there is reasonable suspicion that the subject is: (i) Dangerous, and (ii) May gain control of a weapon from the passenger compartment 3) Minnesota v. Dickerson (a) Terry Frisk may only be to determine if the suspect had a weapon (b) Contraband found during lawfully-executed and within-scope Terry Frisk is permissible (c) Plain Touch Seizure (i) Legitimate contact with the object (ii) Incriminating character of the object is immediately apparent (iii) Lawful right of access to the object V Seizure of Personal Belongings A) United State v. Place 1) Police may seize personal belongings with reasonable suspicion for investagory purposes 2)

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