Common Case Laws

Common Case Laws

Terry v. Ohio, 392 U.S. 1 (1968)

Terry v. Ohio, was a landmark case argued by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks (a pat down of outer clothing) him or her for weapons 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."

"For their own protection, after a person has been stopped, police may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on ""specific and articulable facts"" and not merely upon an officer's hunch.”

Tennessee v. Garner, 471 U.S. 1 (1985)

A police officer may use deadly force to prevent the escape of a fleeing suspect only if the officer has probable cause that the suspect poses a significant threat of death or serious physical injury to officers or others. It was found that use of deadly force to prevent escape is an unreasonable seizure under the Fourth Amendment, in the absence of probable cause that the fleeing suspect posed a physical danger.

Pennsylvania v. Mimms (1977)

A police officer ordering a person out of a car following a traffic stop and conducting a pat-down to check for weapons does not violate the Fourth Amendment of the United States Constitution."

Miranda v. Arizona (1966)

Detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.

Carroll v. U.S. (1925)

Police may conduct a warrantless search of a vehicle stopped on traffic if there is probable cause to believe that the vehicle contains contraband or evidence.

The People v. Wong (2020)

Law enforcement can positively identify suspects without ever seeing their drivers license providing they have sufficient and tangible evidence to prove without a reasonable doubt in court. (MUST HAVE TWO IDENTIFIERS OR DRIVERS LICENSE - CITY LAW )

Reasonable Suspicion / Probable Cause

Probable cause is necessary to detain and arrest someone. Reasonable suspicion is necessary to start questioning someone. If you do not have either, you are involved in a consensual encounter and the suspect may leave at any time. 

REASONABLE SUSPICION

Reasonable suspicion is a lowered standard of probable cause as recognized by the United States Supreme Court in Terry v Ohio. It was determined that temporary investigative detention is less of an infringement of a person’s liberty than arresting him or her and placing them into custody. Therefore, the police do not need to have as much

justification for stopping a person and questioning them – as well as conducting a “Protective Pat Down” to search for firearms only. 

Reasonable suspicion, as with probable cause, is not easily defined. The concept of reasonable suspicion requires an Officer only reasonably suspect that a person has committed or is about to commit a crime, even if the source of the suspicion is based on less-reliable sources. When stopping someone under reasonable suspicion, an Officer is only able to question and detain a subject. Only if reasonable grounds dictate the subject may be a threat, an Officer may place them in cuffs for Officer safety.

PROBABLE CAUSE

Probable cause is a heightened standard that requires Officers to possess sufficient and trustworthy facts to believe that a crime has been committed. These facts can come from several sources but must be strong enough to be upheld in a court of law as factual evidence. Probable cause can lead to the detention and arrest of a person, and/or a thorough search of their property. With adequate probable cause, Officers need not worry about the Exclusionary Rule, a rule that states that evidence gathered and arrests conducted in violation of a person’s Constitutional rights can be dismissed in court. Probable cause can come from three sources:

1. Personal observations

• You may use your training, experience, and expertise to infer probable cause from situations you witness

2. Information

• You may receive recorded video/photo information from informants, witnesses, and other reliable sources

3. Evidence

• You may see items in plain view, such as a firearm on the passenger seat of a vehicle