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Instructor: Deputy Chief of Police Mark G. Stigler

Police Recruit Academy II-A-3 Constitutional Law Identify situations where an officer may use reasonable suspicion to contact a subject. ( 2 hour block). Instructor: Deputy Chief of Police Mark G. Stigler. Identify situations where an officer may use reasonable suspicion to contact a subject.

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Instructor: Deputy Chief of Police Mark G. Stigler

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  1. Police Recruit AcademyII-A-3Constitutional LawIdentify situations where an officer may use reasonable suspicion to contact a subject.(2 hour block) Instructor: Deputy Chief of Police Mark G. Stigler

  2. Identify situations where an officer may use reasonable suspicion to contact a subject. • Terry v. Ohio( a landmark case for Law Enforcement) • 1968 US Supreme Court Case • Allows police to stop and frisk a suspect on the street without Probable Cause • An officer only needs Reasonable Suspicion that the person has committing, is committing, or is about to commit a crime • And the officer must have a reasonable belief that the person may be armed and presently dangerous to conduct a frisk • Commonly called a “Terry Stop”

  3. Remember,,,,, • reasonable suspicion must be based on "specific and articulable facts" and not merely upon an officer's hunch. • a proper "stop" will not automatically authorize a "frisk." • "reasonable suspicion" required for a "stop" is separate and different from the "reasonable fear" required for a "frisk."

  4. Identify situations where an officer may use reasonable suspicion to contact a subject. • Reasonable suspicion as it relates to the "stop" of a person. • Six rules for a Terry stop: • It must occur in a public place. (a place accessible without breaking and entering) • The officer must identify himself/herself as a law enforcement officer. • The officer must reasonably suspect that the person is committing, has committed or is about to commit a crime. • Not probable cause but more than "mere suspicion."

  5. Terry Stop Rules continued,,,, • The officer may demand the person's name and address and explanation of his/her conduct. • The temporary detention for questioning must be in the vicinity of the initial stop. • The questioning may only be for a reasonable length of time.

  6. Identify situations where an officer may use reasonable suspicion to contact a subject. • Reasonable suspicion as it relates to the "stop" of a vehicle • The courts have held that mere flight from the presence of the police is a powerful factor for formulating a reasonable suspicion necessary for an investigatory stop. • Also, if necessary, the police may use force to compel a reasonable suspicion-investigatory stop.

  7. But,,,,,, • The U.S. Supreme Court has ruled that an anonymous tip by itself does not give police officers the authority to Stop and Frisk a person for a weapon. Florida v. J.L., 529 U.S. 266, 120 S. Ct. 1375, 146 L. Ed. 2d 254 (2000).

  8. Identify the limits on subject identification, stop duration, and subject movement. The duration will vary but will include enough time to call in a stolen car inquiry or identity check. Refusal to answer an officer's questions in itself is not "obstructing an officer." If a person quietly states, "I do not wish to say anything to you, even identify myself," and causes no trouble at all, AND you can’t develop PC,,,, NO ARREST! Identify situations where an officer may use reasonable suspicion to contact a subject.

  9. Identify situations where an officer may use reasonable suspicion to contact a subject. • What is the justification and scope of a frisk conducted subsequent to a Terry stop? • the officer must reasonably suspect that he/she or another is in danger of physical injury from that person. • The officer is then entitled to conduct a limited search for weapons or objects which might be used as weapons.

  10. The Frisk,,,, • This means a pat-down of the person's outer clothing and nothing more, unless an object is felt which might be a weapon. • The frisk may not be used as an excuse to search for evidence. • An officer may lawfully seize an object during a frisk (not a weapon) if the officer is experienced and trained in narcotic detection and can ascertain that the object felt is a controlled substance.

  11. Factors that can justify a frisk: 1) time of day; 2) nature of underlying offense the officer is suspicious of; 3) attitude and demeanor of subject; 4) number of subjects as compared to officers; 5) state of intoxication of subject; and 6) whether the officer is lawfully placing the subject in close quarters such as a squad.

  12. Identify situations where an officer may use reasonable suspicion to contact a subject. • Give a scenario involving an officer contacting a subject based on reasonable suspicion.

  13. End II-A-3 The structure of the Criminal Justice System

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