Chapter 5 Stop and Frisk and Stationhouse Detentions

1

• Chapter 5 Stop and Frisk and Stationhouse
  Detentions

2
What is a Search?

• A governmental intrusion into a persons
  reasonable expectation of privacy
• This is the test that the courts use to determine
  if a search occurred and whether the 4th
  amendment applies

3
Kyllo v. United States 2001

• Used evidence obtained by use of thermal imaging
  device to obtain warrant to search for marijuana
• Court ruled that when the govt. explores the
  detail of a private home that would have
  previously been unknowable without physical
  intrusion, then it is a search, and it is
  presumptively unreasonable without a warrant

4
What is a seizure?

• When a person has been restrained of freedom is a
  manner where a reasonable person would not have
  felt free to leave

5
Brendlin v. California (2007)

• When police make a traffic stop, a passenger in
  the car, like the driver, is seized for Fourth
  Amendment purposes and so may challenge the
  stops constitutionality.

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Stop and Frisk

• Can a police officer stop a person, question the
  person, and frisk the person without p/c?
• Stop and Frisk is a form of search and seizure
  but less intrusive than an arrest and full blown
  search

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Stop and Frisk

• Terry v. Ohio (1968) facts of case
• Declared stop and frisk based on reasonable
  suspicion constitutional
• Stop and Frisk are two separate acts requiring
  different elements for legality

8
Stop

• A stop is justified only if the police officer
  has reasonable suspicion that criminal activity
  is about to take place or has just taken place
• Need articulable facts to justify
• The stop is an investigatory process that is
  designed to prevent criminal activity
• An officer cannot arbitrarily stop people and
  make them stop

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What is Reasonable Suspicion?

• Lower degree of certainty than p/c around 30
  certainty
• Must be anchored in specific objective facts and
  logical conclusions based on the officers
  experience
• General considerations as the high crime nature
  of the area are no substitute for specific facts
  about suspect

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What is reasonable suspicion?

• Can be based on facts and circumstances within
  officers own knowledge, information from someone
  else, and even an anonymous tip if corroborated

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What is reasonable suspicion?

• Florida v. J.L. (2000)
• The Court held that an anonymous tip that a
  person is carrying a gun does not, without more,
  justify a police officers stop of that person

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What is reasonable suspicion?

• Illinois v. Wardlow (1999) flight from officer
  creates reasonable suspicion to justify a stop
• Stop can escalate into p/c to arrest

13
What is reasonable suspicion?

• Bond v. US (2000)
• Involved a border patrol agent boarding a bus to
  check the immigration status of its passengers
• Court ruled that agents physical manipulation
  of a persons carry-on bag without reasonable
  suspicion violated 4th Amendment

14
Are Drug Courier Profiles Valid?

• May a person who fits a drug courier profile be
  stopped by the police?
• Yes, if based on totality of the circumstances
  rather than on drug courier profile alone

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Scope and Duration of a Stop

• How long can a stop last?
• No exact time limit set - Cannot be any longer
  than necessary under the circumstances to achieve
  its purpose

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Scope and Duration of a Stop

• Suspect does not have to answer questions except
  what is mandated by law
• Investigative method must be least intrusive to
  verify or dispel officers suspicion
• The greater the degree of police control over a
  person, the closer it is to an arrest
• Rule of thumb keep the person where you found
  them

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Frisk

• A frisk does not always follow a stop they are
  two distinct acts
• A frisk should follow only if there is nothing in
  the initial stages of the encounter that would
  dispel the fear of safety of the officer or
  others

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Frisk

• Purpose of frisk protection of officer and
  others

19
Extent of Frisk

• A frisk is limited to a pat-down of outer
  clothing and only an object that feels like a
  weapon may be properly seized
• If it does not feel like a weapon cant be seized

20
Extent of Frisk

• Exception if immediately apparent that the
  object is contraband then can be seized because
  have p/c
• Minnesota v. Dickerson (1993)
• Stop and frisk can lead to arrest if p/c is
  established

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Stop and Frisk Applies to Motor Vehicles

• Police may conduct a brief search of a vehicle
  after a stop, if officer has reasonable suspicion
  that the motorist is dangerous and there might be
  a weapon in vehicle
• This applies even if the person is no longer in
  the vehicle

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Stop and Frisk Applies to Motor Vehicles

• What is the scope of the frisk in a motor
  vehicle?
• Anywhere in the passenger compartment of the
  vehicle where a weapon can be found or hidden
  any place a person can gain quick access to a
  weapon
• Not locked containers or the trunk

23
Stationhouse Detention

• Bringing a person to the police station for
  interrogation or fingerprinting requires probable
  cause unless the person consents