Chapter 05: Temporary Detentions LawTech Custom Publishing, Inc. Copyright 2010

Investigative Constitutional Law Chapter 5: Temporary Detentions Detention Defined Detention Defined  A temporary detention is a Fourth Amendment seizure of the person, requiring objectively reasonable suspicion that the detainee is involved in criminal activity.  Officers may effect a temporary detention in order to conduct a brief investigation of their suspicions, if that detention is properly justified and limited.  Related Case Law: Union Pacific Railroad Co. v. Botsford and Reid v. Georgia

Reasonable Suspicion Investigative Constitutional Law

Chapter 5: Temporary Detentions Detention Defined Detention Defined 1.Vehicle Stops  A vehicle stop may be made if there is reasonable suspicion that an occupant is involved in criminal activity.  For an officer to make a stop, the level of suspicion needed is not probable cause, but reasonable suspicion—the same as for a pedestrian stop. 2.Pedestrian Stops  Temporary pedestrian stops, sometimes called “Terry stops,” may be made on the basis of reasonable suspicion of criminal involvement.

Investigative Constitutional Law Chapter 5: Temporary Detentions Detention Defined Detention Defined 3.“Attempted Detention”  There can be no evidentiary “fruits” of an unlawfully-attempted detention. Reasonable suspicion must be measured as of the time of the completed stop. 4.Other Detentions  Occupants of a residence where a valid search warrant is being served may be lawfully detained while the search is conducted.

Investigative Constitutional Law Chapter 5: Temporary Detentions The “Reasonable Suspicion” Standard The “Reasonable Suspicion” Standard  “Reasonable Suspicion” means reasons that can be articulated (put into words) that suggest that a particular person may be involved in criminal activity. 1.Contrast with Probable Cause  Reasonable suspicion is less than probable cause. 2.The “Collective Knowledge” Doctrine  Reasonable suspicion can be based on the collective knowledge of officers who share information with each other.

Investigative Constitutional Law Chapter 5: Temporary Detentions The “Reasonable Suspicion” Standard The “Reasonable Suspicion” Standard 3.Observations, Training and Experience  Inferences based on investigative training and experience may transform apparently-innocent behavior into reasonable suspicion for a stop. 4.Anonymous Predictions  An anonymous prediction of a suspect’s future behavior that could not be known by a casual observer and that is corroborated by police observations can provide reasonable suspicion for a detention. (Discuss)

Investigative Constitutional Law Chapter 5: Temporary Detentions The “Reasonable Suspicion” Standard The “Reasonable Suspicion” Standard 5.Anonymous Tips  Except in unusual circumstances and places, a purely anonymous tip of uncorroborated criminal activity does not justify a detention or search. 6.Hunches and Racial Profiling  Detentions cannot constitutionally be based on hunches or on the race of the person to be detained.

Investigative Constitutional Law Chapter 5: Temporary Detentions The “Reasonable Suspicion” Standard The “Reasonable Suspicion” Standard 7.Drug Courier Profiles  A specific criminal profile can constitute reasonable suspicion for detention. 8.Unprovoked Flight in High Crime Area  Police may not stop a person for ID just because he or she is in a high crime area, but may do so if the person suddenly flees upon seeing approach of police.

Investigative Constitutional Law Chapter 5: Temporary Detentions Checkpoints Checkpoints 1.Border Stops  Fixed checkpoints at or near the border may be used to make brief immigration checks. 2.DUI and License Checkpoints  Vehicles cannot be stopped randomly for license inspections, but fixed checkpoints can be used for brief screening stops according to a fixed formula to check for license violations and to spot intoxicated drivers, as well as proper child safety seat use.

Investigative Constitutional Law Chapter 5: Temporary Detentions Checkpoints Checkpoints 3.Witness Checkpoints  Temporary checkpoints can be established to solicit public assistance where reasonably likely to facilitate contact with witnesses to a recent serious crime in the area. 4.Roadblocks  Roadblock-checkpoints can be constitutionally constructed and operated in emergency and public- safety situations, but cannot be randomly employed to detect ordinary criminal conduct by the motoring public.

Investigative Constitutional Law Chapter 5: Temporary Detentions Scope of Activity Scope of Activity 1.Length of Detention  Temporary detentions can only last as long as necessary to confirm or dispel the suspicious circumstances that justified the initial stop, unless new discoveries justify extending the detention longer. 2.Demand for ID  Within the scope of a lawful detention, the detained person may be required to identify himself or herself.

Investigative Constitutional Law Chapter 5: Temporary Detentions Scope of Activity Scope of Activity 3.Field Fingerprinting  Within the scope of a lawful detention, officers may take fingerprint exemplars where prints might reasonably incriminate or exonerate the suspect. (Modern Technology) 4.Request Consent to Search  During a lawful detention, a law enforcement officer may request consent to search, and there is no constitutional necessity to tell the person he or she is free to leave beforehand.

Investigative Constitutional Law Chapter 5: Temporary Detentions Scope of Activity Scope of Activity 5.Plain View Observations  Evidence seen in plain view during a lawful detention may contribute to justification for further search or seizure activity. 6.Ordering Out and Detaining  At a lawful traffic stop, the driver and all passengers may be ordered out of the vehicle and temporarily detained, without violation of the Fourth Amendment. (Officer Safety)

Investigative Constitutional Law Chapter 5: Temporary Detentions Scope of Activity Scope of Activity 7.VIN Inspection  Within the scope of a lawful vehicle stop, officers may routinely inspect the VIN. 8.K-9 Sniff  The scope of a lawful detention includes conducting a prompt K-9 sniff of the person or vehicle of the detainee, where this can be done without further delay. (A Sniff is not a Search) 9.Use of Force  Reasonable force may be used to accomplish a lawful detention.

Investigative Constitutional Law Chapter 5: Temporary Detentions Detention Converted to De Facto Arrest Detention Converted to De Facto Arrest  The involuntary movement of a suspect for a substantial distance constitutes a de facto arrest, which must be supported by probable cause. “Status Quo” Detentions “Status Quo” Detentions  A temporary detention can sometimes be made to maintain the status quo of a suspicious situation pending investigation. (Restore Order, Keep the Peace) Objective Standard Objective Standard  The constitutionality of detentions is determined on an objective basis.

Investigative Constitutional Law Chapter 5: Temporary Detentions Civil Liability for Unlawful Detention Civil Liability for Unlawful Detention  To prevent civil liability from arising from temporary detentions, law enforcement officers must have reasonable suspicion to justify the detention and must have a valid justification for any use of force.  If an officer acting under color of law detains a person without reasonable suspicion, or uses excessive force to accomplish an otherwise lawful detention, civil liability may result.