Ad JS

Collapse

Leaderboard

Collapse

Leaderboard Tablet

Collapse

Leaderboard Mobile

Collapse

Announcement

Collapse
No announcement yet.

Terry Stop and Frisk and Supervisor

Collapse

300x250 Mobile

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Terry Stop and Frisk and Supervisor

    Based on Arizona Vs. Johnson, I believed that I could not pat someone down on a traffic stop just because I wanted to without reasonable suspicion. I also believed that someone being nervous was not enough reasonable suspicion to believe someone was armed. With that said, I was told that I should be patting EVERYONE down if I ask them to get out of the vehicle, even if its a consent search. I know its not hard to find reasonable suspicion, but I don't want my agency to be in a spotlight of a law suit. Is my belief wrong?

  • #2
    Ask your agency/Supervisor/DA.
    Now go home and get your shine box!

    Comment


    • #3
      Originally posted by CCCSD View Post
      Ask your agency/Supervisor/DA.
      +1
      The only way you will know how your agency wants to approach this is to ask your supervisor.



      “This life’s hard, but it’s harder if you’re stupid.”

      George V. Higgins--The Friends of Eddie Coyle

      Comment


      • #4
        If you have enough RS to ask someone to exit the vehicle for consent to search, why wouldn't you have enough for a Terry frisk?
        I make my living on Irish welfare.

        Comment


        • #5
          Is my belief wrong?
          From a legal standpoint, yes. Some departments have policies that are more strict. What do yours say?

          I was told that I should be patting EVERYONE down if I ask them to get out of the vehicle
          There's your answer.

          I know its not hard to find reasonable suspicion, but I don't want my agency to be in a spotlight of a law suit.
          So find RS.

          ...better a lawsuit than a funeral anyway.
          "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

          "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

          Comment


          • #6
            Originally posted by tanksoldier View Post

            So find RS.

            ...better a lawsuit than a funeral anyway.
            We have an Assistant Attorney General here who offers this advise: If you don't have RS, ask for consent to pat them down. If they refuse, pat them down anyway but understand that you probably won't be able to charge with them anything you find. It's better to lose a charge than lose an officer.
            Originally posted by kontemplerande
            Without Germany, you would not have won World War 2.

            Comment


            • #7
              Originally posted by SRT936 View Post
              We have an Assistant Attorney General here who offers this advise: If you don't have RS, ask for consent to pat them down. If they refuse, pat them down anyway but understand that you probably won't be able to charge with them anything you find. It's better to lose a charge than lose an officer.
              This is the way it works at our shop, but Profisher's agency / prosecutor may have a different approach.

              “This life’s hard, but it’s harder if you’re stupid.”

              George V. Higgins--The Friends of Eddie Coyle

              Comment


              • #8
                This is the way it works at our shop, but Profisher's agency / prosecutor may have a different approach.
                With what's going on these days and officers dropping like flies all around the country I bet I can articulate RS on just about anybody I contact.

                Even if I can't, department admins and prosecutors aren't the ones who get to sleep in a pine box if they're wrong, I am.
                "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

                Comment


                • #9
                  Originally posted by tanksoldier View Post
                  With what's going on these days and officers dropping like flies all around the country I bet I can articulate RS on just about anybody I contact.

                  Even if I can't, department admins and prosecutors aren't the ones who get to sleep in a pine box if they're wrong, I am.
                  Absolutely. The longer I do the job, the more RS I can articulate based on my training and experience.



                  “This life’s hard, but it’s harder if you’re stupid.”

                  George V. Higgins--The Friends of Eddie Coyle

                  Comment


                  • #10
                    Originally posted by reils49 View Post
                    If you have enough RS to ask someone to exit the vehicle for consent to search, why wouldn't you have enough for a Terry frisk?
                    Because one doesn't necessarily have anything to do with the other. I can ask the driver of every car I stop for consent to search just because I feel like it.

                    Comment


                    • #11
                      Originally posted by just joe View Post

                      Because one doesn't necessarily have anything to do with the other.
                      False. The driver is in the car.

                      I can ask the driver of every car I stop for consent to search just because I feel like it.
                      Can, probably don't. So, why did you ask to search THAT particular car?
                      "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                      "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

                      Comment


                      • #12
                        Rather than get into a protracted argument, we will just disagree.

                        Comment


                        • #13
                          Originally posted by just joe View Post

                          Because one doesn't necessarily have anything to do with the other. I can ask the driver of every car I stop for consent to search just because I feel like it.
                          Not here.
                          I make my living on Irish welfare.

                          Comment


                          • #14
                            Just Joe would lose his searches here. There's issues with what he does, and the defense aren't stupid, nor the courts...
                            Now go home and get your shine box!

                            Comment


                            • #15
                              Same here. If you want to ask consent to search a vehicle with no other RS, you pretty much have to have completed the traffic stop, return to your car, turn the lights off, and then re-approach the vehicle in a voluntary encounter. What I've been doing is turning the forward facing blue lights off before my final approach with the warning/citation, issue whatever it is, stress that they're free to go if they want, but I would like to talk to them real quick, then try and get consent to search.

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 8762 users online. 317 members and 8445 guests.

                              Most users ever online was 19,482 at 11:44 AM on 09-29-2011.

                              Welcome Ad

                              Collapse
                              Working...
                              X