Investigatory Stops
Can you use seemingly innocent facts to justify a Terry stop?
Yes
Alabama v. White established three factors for informant tests, what are they?
Veracity, Reliability, Basis of Knowledge
It is a higher standard
When is an intrusion on governmental employees reasonable?
If it is justified, the measures are related to the objective, and it is not excessively intrusive
Why does Thomas think the search in Redding should be allowed?
In loco parentis
When is a Terry Stop justified?
Specific and articulable facts which taken together with a rational inference from those facts that lead to a reasonable suspicion that crime is afoot
What is reasonable suspicion not?
A hunch
What is the Aguilar-Spinelli test?
1. Was the information credible?
2. Was the information reliable?
Requires veracity, reliability, and basis of knowledge, but does not require that the elements be understood separately.
When are checkpoints not allowed?
When they are purely investigative**
Why does Brennan think the court's reasoning in Anderson v. Maryland was lacking?
Post Hoc Rationalization
What is the scope of a Terry Stop?
1. Pat down of outer clothing (potentially some bags)
2. Looking for clubs, guns, knives...
What were the four reasons there was reasonable suspicion in Navarette v. California?
Eyewitness details, Contemporaneous reporting, 911, Running car off road suggests impairment
Is a traffic stop that is actually pretextual supported by probable cause?
Yes, as long as there is probable cause for the traffic stop the stop is objectively reasonable
We do not care about the officer's subjective intent
Why do drug tests in schools fall under Special Needs?
There is a government interest in keeping drugs from children and effective discipline in schools. Teachers cannot be expected to get warrants. This is a non-investigatory purpose.
What was Kagan's interesting interpretation of the dog sniff in Jardines?
Because the dog was sniffing smells from inside the house, Jardines is analogous to Kyllo.
Explain the facts of Terry
Good job
What were the three reasons for reasonable suspicion in Wardlow
High Crime Area, Nervous, Headlong Flight
Does probable cause based on a mistake in law make the search unreasonable? Why?
No, as long as a mistake in law is objectively reasonable the search is okay
Explain the difference between Parolees and Probationers and what you need to search them.
Parolees- search anytime
Probationers- reasonable suspicion
What does Brennan say about consenting to a search in his dissent in Schneckloth?
Someone needs to know they have the right to say no in order to waive that right
What kind of informant tip will justify a Terry stop?
One that is corroborated and predictive
In Wardlow, Stevens listed some factors in his dissent that should be considered when there is a flight in high crime areas. Name three.
Bonus: Name all
Time of day, Number of people, Character of Neighborhood, Officer in uniform, Runner's outfit, Direction and Speed of flight, Whether the behavior was otherwise unusual
What is Probable Cause?
Under totality of the circumstances would a reasonable, prudent officer believe that an offense has been committed
Name at least two of the government interests in DNA tests.
Identification, Ensuring safety of those in jail, Ensure accused is available for trial, Better assess bail, Free the wrongfully convicted
What was O'Connor's qualm with the drug test in Vernonia?
There was no inidvidualized suspicion