3400 - Section 2.doc

Section III. Arrests and Detentions I. Police-Citizen Encounters (A) Voluntary encounter (1) police may engage someone in a public place (2) good police work or harassment (3) citizen has a right to walk away or otherwise terminate the encounter (4) advantages from police perspective (B) Limited Detention (1) Case: Terry v. Ohio, (1968) (2) suspect may be required to offer identification after a Terry stop and prosecuted for failure to do so (3) Case: Hibel v. Sixth Judicial District Court of Nevada, Humboldt County, (2004) (4) Fourth Amendment now authorizes an intermediary type of encounter for a shorter duration on a lesser degree of evidence (a) reasonable suspicion (b) Case: Illinois v. Wardlow, (2000) (c) "stop and frisk" requires the reasonable belief that suspect is armed (5) Case: State v. Simpson (Tn.Cr.App. 1998) (C) Arrest (1) Definition (a) A show of force by the police (or a submission to an assertion of authority) which would lead a reasonable person in the defendant's position to feel he was not free to leave or terminate the encounter (2) Case: Florida v. Bostick, (1991) (D) The "Blue Light" Problem (1) Case: State v. Randolph, (Tenn. 2002) (2) Case: State v. Williams, (Tenn. 2006) II. The Traffic Stop: Special Rules (A) Passenger may be ordered out of car just as driver may be (1) Case: Maryland v. Wilson, (1997) (B) Passengers are "seized" throughout the duration of a stop and may be frisked assuming Terry suspicion (1) Case: Arizona v. Johnson, (2009) III. Trouble Spots on the Playing Field (A) The problem with the detention not being limited (1) loss of evidence found during the detention (2) police gamble on keeping the citizen longer on the field (B) Factors for the court (1) duration of the encounter (2) physical force against or any movement of the suspect (3) officer's activities related to the initial stop (4) Case: State v. Simpson, (Tenn. 1998) IV. Special Rules for Requiring a Warrant (A) The need for a "neutral and detached" person to review P/C (B) Based on location of the arrest (1) arrests in public generally don't require warrants; only probable cause (a) do require prompt appearance in front of magistrate who is neutral and detached (2) arrests allowed cross county with warrant (3) arrests not allowed across state lines unless officer is in "hot pursuit" (a) extradition is proper method to retrieve defendant (4) warrant required for "routine" felony arrest in suspect's home (5) search warrant required for "routine" felony arrest of suspect in 3rd party home (6) "non-routine" arrests dispenses with warrant requirement (a) hot pursuit (b) suspect is flight risk (c) suspect is danger to self or others (i) Case: Brigham City, Utah v. Stuart, (2006) (ii) Case: Michigan v. Fisher, (2009) (d) evidence will be destroyed imminently V. Deadly Force (A) Reasonable Force is Rule (B) Case: Tennessee v. Garner, (1985) (1) deadly force standard (a) officer must announce presence and intention (b) must be policy of last resort (c) only if either (i) reasonable belief that suspect has been involved in a violent felony or (ii) suspect is a danger to self or others