Legal & Liability Risk Management Institute’s Guide to Citizen Contacts/Stop and Frisk Note: Confidentiality Laws and Court Rules Vary from State to State

3 Types of Police Citizen Contacts As the level of suspicion rises, through articulable facts and circumstances, based on information received by the offi- cer and observations made by the officer, so does the officer’s power and government’s power to restrain the person: 1. Consensual Contact: Officer approaches a subject using no words or conduct which would lead the person to believe that they must comply with the officer’s requests. NEED NOT BE SUPPORTED BY ANY LEVEL OF SUSPICION (See: Florida v. Bostick, 501 U.S. 429 (1991).

2. Terry Stop/Reasonable Suspicion based stop: Where an officer makes obser- vations or receives information (facts and circumstances) that would lead a Proof Beyond a Reasonable Doubt reasonable police officer to believe that the person to be stopped may be in- Power to Incarcerate for a period of time volved in criminal activity, the officer may stop and detain the person for a As the level of suspicion rises so does reasonable period of time (on the street) to investigate further. Stop must be governments power to restrict liberty. supported by reasonable suspicion. (See: Terry v. Ohio, 392 U.S. 1 (1968). ~ Jack Ryan

3. Arrest based Upon Probable Cause: Where an officer makes observations or L receives information that would lead a reasonable police officer to believe that E a crime has been committed and the subject to be arrested is the person who V committed it, the officer may arrest the person and bring them into police cus- tody which would include transporting them to the police station. See: Kaupp v. E Texas, 538 U.S. 626 (2003). L

NOTE: As the level of suspicion rises based upon articulable observations and O information so does the officer’s power to take action. F ? • Consensual= No suspicion needed but also no power to restrain the person • Reasonable suspicion= Some level of suspicion but limited power to restrain S and no power to transport to station. U • Probable Cause= Increased level of suspicion grants power to take into cus- tody and transport to station. S P Reasonable Suspicion Probable Cause Power to Stop and Detain Power to Arrest and Use Force up to Checklist of Information and Observation that may be used by an officer trying to I Force but not deadly Deadly Force in some circumstances establish reasonable suspicion and probable cause. Remember: The addition of more C items will increase the level of suspicion and increase to power of the officer to act. I

• Information provided by informants: O • Good Citizens-those with no reason to lie to police are generally considered N reliable. Victims and witnesses to crime fit within this category. Information includes descriptions, identification, direction of travel, items taken etc. • Paid Informants– Reliability must be established through prior history and/or cor- roboration by officer observation. • Criminal Informants– Subject who is trying to avoid prosecution by providing po- lice with information. Their involvement in the events adds to their credibility, but their motivation cuts against reliability-these should be corroborated by officer Hunch or No Suspicion investigation, observation and further information. No Power • Knowledge (Historical) of the officer concerning this suspect. i.e. prior contacts that officer has knowledge of. 0 POLICE / GOVERNMENT POWER • Experience of Police Officer of this type of criminal activity. • Knowledge of other officers that is passed on to officer through dispatch prior to the stop. that has passed, would the subject have been able to make it that distance. • Description– Is it consistent with subject stopped. • Subjects mannerisms and condition when stopped. i.e. sweating as if running, racing Direction of Travel-Is it consistent with subject stopped. heart beat, nervousness etc. • Duration– How long after the event was subject stopped, how close to event given the time that has passed. To order additional sheets call 800-365-0119 • Location of stop– How close is it to where the event giving rise to the suspicion took place and given the time Legal & Liability Risk Management Institute ©2005