Adulting 101 Vol 3
I’m Papa Penguin and this is Adulting 101.
Here are 4 things you should know about law enforcement and reasonable suspicion.
Reasonable suspicion, a lower bar to clear than probable cause, can allow an officer to detain, conduct limited searches and question suspects.
US v. Brignoni-Ponce
US v. Hensley
Terry v Ohio
There is no requirement that law enforcement tell you the reason for your detention at the time of detention. It’s considered a “good police practice” ; not a requirement.
Devenpeck v Alford
There is no case law clearly listing what is and isn’t reasonable suspicion. The standard is a reasonable police officer with equivalent knowledge, training and experience. Note I said reasonable police officer and not reasonable citizen. The average citizen lacks the knowledge or skill sets to determine reasonable suspicion.
Terry v Ohio
An officer can put citizens in handcuffs and use force during an investigative detention without it being an arrest.
Gallegos v. City of Colorado Springs
Bottom line, the safest course of action if an officer stops you for reasonable suspicion is to comply. If you feel your rights have been violated, address that in the courts and not on the side of the road.
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