CRJU 350 Lecture Notes - Lecture 4: Reasonable Suspicion, Extrasensory Perception
Abandoned property:
- No expectation of privacy once abandoned
- California v. Greenwood: abandoned trash, no expectation of privacy
Areas open to public: no warrant needed
Seizures of persons:
- General Rule: RS must exist for a person to be detained
- Consensual Encounter Arrest:
- Ex: how are you, may I see your ID, what’s your name
- No justification required, no search permitted
- Detention:
- Ex: stay here, come with me, have a seat
- Need RS, PC, pat down, full blown search
- Threatened Detention: DO NOT EXIST
- Physical seizures
- Person must submit to the demonstration of authority (halt, point weapon)
- California v. Hodari: men scatter in panic, cocaine was abandoned before
seizure, cannot be fruit of crime, seizure must be physical
Chapter 4
4th Amend. Probable Cause to Search or Seize
- No warrant issued unless PC, support by oath, specific place/item to search/seize
Terry v. Ohio
- Rule: police can conduct Investigative Detention/Stop & Frisk if they have RS
Definition: facts that lead reasonable cautious person to believe crime occurred/about to
- Mere hunch is not sufficient, must have Articular Suspicion (facts, rationale)
- TOTC applies
- Officer’s suspicion does not have to be correct, just Reasonable
Reasonable:
- Balance between privacy & need for action to investigate/detect crime
- Consider TOTC
- Standard is what a objective reasonable person would believe, not what officer believed
Illinois v. Wardlaw:
- Unprovoked flight, in high crime neighborhood, after seeing police, while holding bag
Informants & Reasonable Suspicion
- How do officers get information?
- Percipient: witnesses
- Hearsay: secondhand information
- Tip from civilian generally treated as credible, same as info. from other officers
To Establish RS
- Basis of knowledge: facts, not rumors/guesses
- Veracity/Reliability: reliable info
- Navarette v. California: “drunk driver ran me off the road” call 911,enough to establish
RS
Document Summary
California v. greenwood: abandoned trash, no expectation of privacy. General rule: rs must exist for a person to be detained. Ex: how are you, may i see your id, what"s your name. Ex: stay here, come with me, have a seat. Need rs, pc, pat down, full blown search. Person must submit to the demonstration of authority (halt, point weapon) California v. hodari: men scatter in panic, cocaine was abandoned before seizure, cannot be fruit of crime, seizure must be physical. No warrant issued unless pc, support by oath, specific place/item to search/seize. Rule: police can conduct investigative detention/stop & frisk if they have rs. Definition: facts that lead reasonable cautious person to believe crime occurred/about to. Mere hunch is not sufficient, must have articular suspicion (facts, rationale) Officer"s suspicion does not have to be correct, just reasonable. Balance between privacy & need for action to investigate/detect crime.
