CJ 3552 Lecture Notes - Lecture 6: Terry Stop, Traffic Ticket, Reasonable Suspicion
Document Summary
Can the police search the vehicle under sila ( grasp or lunge )? o. New york v. belton (1981): police can search passenger compartments of a vehicle, including containers in it, if incident to lawful arrest. Judicial federalism: some states do not follow this ruling (ex. Ruling: no, the police officers may only conduct warrantless vehicle search (sila) if: o o. The arrestee might access the vehicle at the time of search. It is reasonable to believe that the vehicle contains evidence of the offense of arrest. Otherwise, the police need a warrant or another exception. Reasonable suspicion the belief, based on articulable circumstances, that criminal activity might be afoot; less than probable cause: reasonable suspicion is typically taken on a case-by-case basic because it cannot be. Reduced to a neat set of legal rules. o. Objective standard: reasonable person standard, not subjective beliefs of an officer. Experience & expertise: interpreted in light of officer"s training/experience.