![]() ![]() The arrest is the last and most serious level. And if the officer feels an item or object during the “frisk,” and they have reason to believe it is contraband, they may lawfully begin a complete search of your person because this situation has now become a ‘probable cause’ situation, meaning there is a probable cause to search you.Īfter complying with this detention, the police officer is bound by the law to either release you or, if probable cause has been found, make the arrest.ĬALL TODAY FOR YOUR FREE CONSULTATION (843) 856-2222 An Overview of an Arrest During this kind of detention, a police officer could possibly “frisk” your clothes, if they believe you are carrying weapons of any kind. Simply stated, it is absolutely against the law for any police officer to engage in an Investigatory Stop of any kind without a rational and real suspicion of criminal activity.Īnother technique utilized by police is known as “Stop and Frisk,” which is a type of detention. You do, however, still have the right to communicate to the officer that you don’t want to speak to them, which is, of course, your Fifth Amendment right to remain silent from, granted by the Constitution of the United States.įourth Amendment rights also go into effect during an Investigatory Stop this kind of stop requires proof of a well-supported, clear suspicion of criminal activity.Īn officer’s reasonable suspicion for a stop of this kind depends on the complete set of circumstances in the moment, but simple suspicion or a gut feeling (hunch) that crime has occurred or may be occurring is never sufficient as a reason to violate a citizen’s rights. In an Investigatory Stop, you do not have the right to walk away or to refuse to identify yourself. If you think a police officer is engaging you in an Investigatory Stop, do not walk away from the officer. Police cannot legally detain an individual without a ‘reasonable suspicion’ that a crime has been committed already, is in process, or is about to be committed. ![]() The words to focus on here are reasonable suspicion. Ohio, the Supreme Court decided that police can briefly detain someone when they have reasonable suspicion that the person could be involved in criminal activity. An Overview of the Investigatory StopĪnother kind of encounter is the Investigatory Stop, also known as Detention or a Terry Stop, the latter referencing the legal case Terry v. If a police officer shows commanding authority in a manner that restrains the person’s freedom of movement such that most reasonable people would feel compelled to comply with the officer(s), the Consensual Encounter has now become an actual Investigatory Stop. Never forget that you can always ask, “Am I free to leave?” A police officer is required to tell you that you’re free to leave if they have no real reason to detain you, or keep you. Quite a number of people would definitely not feel free to leave if a police officer were asking questions in a commanding manner, or if multiple officers were gathered around them. You can assess the situation and make a judgment as to whether a police officer is beginning a Consensual Encounter or perhaps a more formal Investigative Stop by considering the following: Would an average, sensible person feel as though they were free to leave in this situation? ![]() Communicate to the police officer(s) that you choose not to speak to them.Decline to identify yourself to the officer(s).A Consensual Encounter can arise regardless of whether a crime transpired or whether there is even any suspicion of a crime at all.ĭuring a Consensual Encounter, you always have the right to refuse to answer any questions asked of you by police.Īdditionally, during a Consensual Encounter you retain the right to: It should be noted that a Consensual Encounter does not entail any police commands, physical action or physical force, or any lights/sirens. The officer might ask to see their driver’s license or another form of identification, the same way they would during a routine traffic stop. There are three types of police encounters:Ī Consensual Encounter is when someone is approached by a police officer and the police officer engages in a conversation. If you or someone close to you, such as a friend or a loved one, were engaged by police and subsequently arrested, the following will provide some basic information regarding these types of encounters:įirst and foremost, you should know the difference between the three types of police encounters, and the rights given to you by the United States Constitution. Police-citizen encounters can catch a person off guard, surprising you when you least expect it. What Are The Most Common Types Of Police Encounters? ![]()
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