cmahoney
WKR
- Joined
- Jun 18, 2018
- Location
- Minden Nevada
27 years experience says you're wrong but for the sake of argument; say you see a car driving down the road. Absent any other wrong doing, how do you have reasonable suspicion that a crime is being committed? According to Terry, it is a consensual contact. During a "consensual" contact, the person stopped has no duty to cooperate.
"Reasonable suspicion " and probable cause are the same thing. Stopping someone just because they might be breaking a law is not reasonable and therefore an illegal stop/ detention. Just because you see someone drive away from a bar is not reasonable susoicion/probable cause for a stop to check for DUI. To make it "reasonable", you need more such as bad driving, vehicle code violation etc.
Not the same thing, probable cause for an arrest, reasonable suspicion for a detention.
Terry v. Ohio, 392 U.S. 1 (1968)
Justia Opinion Summary and Annotations
Annotation
Primary Holding
Under the Fourth Amendment of the U.S. Constitution, a police officer may stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous."
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