Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
- Communities Served
Civil Litigation
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served
Is Reasonable Suspicion Reasonable?
What makes a stop by police legal under the Constitution?
The Fourth Amendment to the U.S. Constitution is designed to protect the people from unreasonable searches and seizures. Many police departments in the last few decades have employed an anti-crime strategy known as “stop and frisk,” where officers stop people seemingly at random to make inquiries and pat them down.
There appears to be a conflict between these two policies. However, a police officer is permitted to stop and search an individual and not violate the Fourth Amendment if they have “reasonable suspicion.”
If not a warrant, then reasonable suspicion
A warrant is typically required before search and seizure. The U.S. Supreme Court has recognized that a obtaining a warrant may not always be practical. The court stated in, the 1968 case, Terry v. Ohio, in a situation “Where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot.” Of course, the definition of “unusual conduct” is often the problem.
The concept of reasonable suspicion has been around a long time. The U.S. Supreme Court described it in Terry, stating the officer “must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.”
The “specific and articulable facts” are at the core of reasonable suspicion. A police officer must have those facts before seizing an individual and searching them. Unfortunately, the Terry court failed to identify any facts in the case other than that two black men were observed walking in front of a store.
Looking at the “facts” of Terry, one commentator has noted that they are very weak and that it appears the stop was initiated on little more than the supposedly improper “hunch” the Court juxtaposed as being unacceptable as compared to the required “articulable facts.”
Reasonable or meaningless?
These types of stops have been permitted to reach far beyond what would be reasonable due to somewhat unclear guidance from the Court as to when a seizure occurs. In Terry, for instance, the Court found the seizure occurred when the officer physically spun Terry around and began to frisk him.
A more reasonable conclusion would be that the seizure took place when the officer ordered the three men into a store, as they would have recognized at that point that they were no longer free to ignore the officer and walk away.
This has allowed later courts to further erode the Fourth Amendment’s protection, by permitting more police-citizen interaction to occur prior to the supposed seizure. For the average individual walking along the street, a question by a police officer is not like that of any other person, and the loose standard for what constitutes a seizure in the context of a reasonable suspicion stop has lead to the erosion of trust many individuals feel towards the police.
The Terry decision pointed out that crime prevention is an important societal goal. The problem is the lax standard of supervising police conduct from that case has led to the virtually unbridled reliance of that aspect of the totality of the circumstances balancing test and gives almost no weight to the Fourth Amendment concerns.
Cities like Philadelphia and New York City have been sued to stop this level of basic police harassment of anyone they wish. In New York, 700,000 stops occurred under the stop and frisk policy in 2011. In 2015, it had fallen to 23,000 with virtually no change in the crime rate.
Even with the ending of this policy, significant questions of police compliance remain. In many police reports, there is often an open violation of the requirement that officers explain the “suspicion” that warranted the stop.
Philadelphia has been sued numerous times for similar activity by the police, both during the 1980s and 1990s. Yet another lawsuit was filed after a 2009 incident led to the handcuffing and detention of state legislator, who observed what appeared to be an illegal stop to two elderly black men.
The Fourth Amendment protects us all
We all are at risk from this illegal behavior by the police. When reasonable suspicion is used in an unreasonable manner, it places all citizens at risk of arbitrary conduct. The creation of the extreme “us against them” mentality in many police forces leads a false sense of entitlement in such departments. They begin to believe that they have “right” to break fundamental laws, such as the Fourth Amendment when pursuing the enforcement of lesser ordinances or statutes.
Combine this with the militarization of many police departments, the frequent use of deadly force and use of traffic stops and fines as a means of financing city government; it paints a troubling picture of police-citizen interaction.
The laws of the Commonwealth of Pennsylvania and of the United States only have legitimacy because of the authority they derive from the U.S. Constitution, which is the supreme law of the land.
When it is dismissed by those sworn to uphold it, as a mere technicality, the question really becomes one of what law do they think they are enforcing?
Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
- Communities Served
Civil Litigation
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served