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yes. i mentioned this in another post but really it's a 3
Posted on: February 11, 2020 at 11:48:22 CT
blake1771 MU
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prong test.
you must have reasonable suspicion, ie facts, circumstances, inferences, etc based on a range of factors that the person is involved in criminal activity ( is about to, is currently, or just did)
you must also have reasonable suspicion that they are armed AND that they are dangerous.
an example would be like say an officer has worked a particular area that whole time and there is a certain street corner where he has made numerous arrests of people for dealing crack cocaine. The officer gets a call on a male in a green **** dealing drugs at 1st and Main St. The officer sees a guy, matching that description, on the corner. He sees a bulge under the guy's shirt and watches as several cars pull up to him over the course of 5-10 minutes and sees the guy run up to the driver's window, appear to exchange something unknown, and then the car drives off and he returns to the corner.
based on that officer's experience he believes he is witnessing an illegal drug transaction. He also knows based on his experience that drug dealers are often armed and dangerous. so he conducts a terry stop and frisks for weapons. He must be able to articulate all the facts of his reasonable suspicion or if he finds something it will be inadmissible usually.
that's sort of how it works. now if the officer is just pulling up and without any probable cause or reasonable suspicion ordering EVERYONE AGAINST THE WALL AND SPREAD 'EM!!! If the officer then proceeds to frisk everyone that is illegal
Edited by blake1771 at 12:24:02 on 02/11/20
you must have reasonable suspicion, ie facts, circumstances, inferences, etc based on a range of factors that the person is involved in criminal activity ( is about to, is currently, or just did)
you must also have reasonable suspicion that they are armed AND that they are dangerous.
an example would be like say an officer has worked a particular area that whole time and there is a certain street corner where he has made numerous arrests of people for dealing crack cocaine. The officer gets a call on a male in a green **** dealing drugs at 1st and Main St. The officer sees a guy, matching that description, on the corner. He sees a bulge under the guy's shirt and watches as several cars pull up to him over the course of 5-10 minutes and sees the guy run up to the driver's window, appear to exchange something unknown, and then the car drives off and he returns to the corner.
based on that officer's experience he believes he is witnessing an illegal drug transaction. He also knows based on his experience that drug dealers are often armed and dangerous. so he conducts a terry stop and frisks for weapons. He must be able to articulate all the facts of his reasonable suspicion or if he finds something it will be inadmissible usually.
that's sort of how it works. now if the officer is just pulling up and without any probable cause or reasonable suspicion ordering EVERYONE AGAINST THE WALL AND SPREAD 'EM!!! If the officer then proceeds to frisk everyone that is illegal
Edited by blake1771 at 12:24:02 on 02/11/20
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yes. i mentioned this in another post but really it's a 3 - blake1771 MU - 2/11 11:48:22