can you use your “naked ear” to eavesdrop on conversations?
- YES
seizure of a person
- a reasonable person would not feel free to leave and terminate the police encounter.
seizures of property
- some MEANINGFUL INTERFERENCE with the suspects property.
3 types of police encounters:
1) voluntary/consensual encounter
2) investigative detention
3) arrest
consensual encounter
- no level of suspicion required, a hunch or less.
investigative detention
- requires reasonable suspicion (terry stop)
arrest
- requires PC
can a suspect terminate a consensual encounter?
- YES
when does a consensual encounter become a seizure?
- handcuffing
- pointing a gun at a suspect
- holding on to their personal items
- using accusatory or threatening language
facts of Terry vs Ohio:
- involves terry stops and terry frisks
- you may detain citizens briefly to conduct investigations of criminal activity
- you may frisk for weapons if you have suspicion the subject has a weapon
reasonable suspicion
- more than a hunch
- particularized facts that a crime is:
- occurring
- has occurred
- or is about to occur
- based on totality of circumstances
what facts establish reasonable suspicion?
- criminal history
- BOLO
- nervousness
- flight
- victims/witnesses
- anonymous tips/confidential informants
- time of day and reaction of suspect
- observation of suspects behavior
- presence in high crime areas
can force be used during a terry stop?
- YES, if the force is reasonable and necessary to conduct the detention.
how long can you detain a person?
- a reasonable amount of time.
- you must use DUE DILIGENCE to establish PC or release the suspect.
how a terry stop can turn into an arrest:
- a lengthy detention
- handcuff them and place them in back of police car
- if the force is out of proportion to the facts
- forced movement from one place to another
when do you perform a terry frisk?
- if you have RS that the person is armed and dangerous.
what can you do during a terry frisk?
- a limited pat down of outer clothing looking for weapons or hard objects.
- head to toe
- areas of immediate control (lunging area)
- BEWARE: officer is not limited to belt area during frisk
what facts give us RS that a person is PRESENTLY ARMED AND DANGEROUS (PAD)?
- bulge in pocket
- furtive hand movements
- nature of crime
- reputation for carrying weapons
- reputation for violence
- behavior/words
what crimes allow you to terry frisk?
- aggravated assalt
- burglary
- robbery
- drug trafficking/possession with intent/sale
- any offense involving tools
plain touch doctrine
- allows you to seize illegal items that are in plain view during a terry frisk
elements of the plain touch doctrine:
- must be a lawful search
- items incriminating nature must be immediately apparent based on training and experience.
- no manipulation to determine incriminating nature
