Quote:
Originally Posted by Splum
NO THEY DONT HAVE THE RIGHT TO SEARCH YOUR CAR WITHOUT YOUR CONSENT OR PROBABLE CAUSE. Dude shut the fuck up already you communist.  |
If I'm a cop then when you refuse to answer my question or let me search you
then I label you as defensive and therefore suspicious and therefore suspicion is
my cause to search.
http://en.wikipedia.org/wiki/Reasonable_suspicion
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Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be engaged in criminal activity based on specific and articulable facts and inferences. It is the basis for an investigatory or Terry stop by the police and requires less evidence than probable cause, the legal requirement for arrests and warrants. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be engaged in criminal activity; such suspicion is not a mere hunch. Police may also, based solely on reasonable suspicion of a threat to safety, frisk a suspect for weapons, but not for contraband like drugs. A combination of particular facts, even if each is individually innocuous, can form the basis of reasonable suspicion.
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Quote:
Precedent
In Terry v. Ohio, the Supreme Court ruled that a person can be stopped and frisked by a police officer based on a reasonable suspicion. Such a detention does not violate the Fourth Amendment prohibition on unreasonable searches and seizure. In Hiibel v. Sixth Judicial District Court of Nevada the court further established that a state may require, by law, that a person identify himself or herself to an officer during a stop. An arrest is not permitted based on reasonable suspicion; probable cause is required for an arrest. Further, a person is not required to answer any other questions during a Terry stop, and the detention must be brief. However if the officer's suspicions were correct and the situation escalates to a point of where the officer has probable cause, the officer can arrest the suspect.
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In other words, your rights can be twisted until you have none if the cop knows his shit.