1. 4th Amendment is only implicated when the officer, by means of physical force or show of authority, has in some way restrained a suspects liberty
1.1. Demarcation b/w a stop and something less intrusive will separate situations in which an officer can act only with reasonable suspicion from those which no justification is require b/c the 4th amend. does not apply.
2. Stop or Seizure of a Person
2.1. Under the 4th amend. A person has been seized if, in view of the circumstances, a reasonable person would have believed they were not free to leave.
2.1.1. Objective test
2.1.1.1. Situations that affect
2.1.1.1.1. Display of weapons
2.1.1.1.2. Language or tone that indicates compliance may be compelled
2.1.2. Special Stops
2.1.2.1. Stops of motorists require reasonable suspicion of a traffic offense
2.1.2.1.1. Rejects notion that police could stop w/o cause to check ID and registration
2.1.2.2. Threatening presence of multiple officers, displaying weaponry, physically touchig the motorist or use of intimidating tone requires further justification
2.1.2.2.1. Bringing to station and detaining for questioning requires probable cause
2.1.3. Force or submission must be occur to police authority to constitute seizure.
2.1.4. Reasonable person test is imprecise to assess the coercive effect of police conduct
2.1.5. The distincition b/w a stop and intrusion
2.1.5.1. Seizure on suspicion short of probable cause is that law enforcement interests warrant a limited intrusion on personal security of the suspect
2.1.5.2. An investigative detention mus be temporary and las no longer than necessary to effectuate the purpose of the stop.
2.1.5.2.1. Must be accomplished by the least intrusive means
2.1.5.2.2. The duration is compared with the degree of intrusion and amount of force used on a subject to determine if a stop is an arrest.
2.1.5.3. A stop definition depends on the circumstances. However, should be temporary and no longer than reasonably necessary (if for investigative purpose) and least intrusive manner.
2.1.5.3.1. In sum, decisional law has established gradations of justification to correspond to the scope and degree of a particular intrusion.
2.1.5.3.2. No justification= Confronted free to leave
2.1.5.3.3. Reasonable suspicion criminal activity is afoot (more than a hunch)= Confronted, not free to leave
2.1.5.3.4. Reasonable suspicion of criminal activity & suspect is armed and dangerous = frisk limited to pat down search for weapons.
2.1.5.3.5. Probable Cause= Arrest or intrusion equivalent to arrest
3. Expansions of Terry v. Ohio
3.1. `Authority to detain for investigative purposes on information amounting to reasonable suspicion includes
3.1.1. Requests for identity
3.1.2. May stop and detain a motoroist if reasonable suspicion that he is violating the law, including motor vehicle infractions
3.1.3. also encompasses authority to order drivers and passengers out of the car
3.1.4. Dog sniffs of the car exterior, such that the intrusion doesn't prolong the stop
3.2. Reason to believe armed and dangerous, officer may frisk and conduct limited search of the interior of the car immediately w/in suspect's control
3.2.1. permissible even if suspect is outside car due to possibility of escape or grasping upon release.
3.2.2. Only for items in potential of immediate control
3.3. Detention must be lawful and officer must reasonably suspect that the person stopped is armed and dangerous
3.3.1. May continue until the time the officer no longer needs to control the scene
3.4. Reasonable suspicion that a package or luggage contains contraband or evidence of a crime is justified to be temporarily seized
3.4.1. Gov. interest outweighs the intrusion to owner
3.4.2. If to long, unreasonable.