Re: TERRY STOP question 2

Reasonable suspicion forms the basis for a Terry Stop. A vehicle violation may serve as the basis for such a stop. Reasonable suspicion does not flow from a person's refusal to answer questions, other than to identify oneself. Nor does it flow from a person's refusal to submit to a voluntary search. However, many factors come into play which, taken together, may form a basis of reasonable suspicion. A short period of detention is permitted under a Terry Stop. The period being described does not appear to be excessive.

Yet another factor to consider is that there is a lowered expectation of privacy with items placed in an automobile, this is known as the automobile exception. This is based on a reasonable expectation of privacy, which is a fundamental applied to interpret the Fourth Amendment.

Limited searches also apply. These are referred to as refined searches. These searches are investigatory stops or incident to arrest.

Fleeing a stop raises questions concerning procedure and, in and of itself, may form a basis for a search. This is a complicated analysis. How, when and why did the person come to flee?

How and when where the illegal items noticed by the police? Does the person have a warrant or criminal record?

The exclusionary rules are what it appears to be attempted to eliminate the possibility of conviction. This is similar to the doctrine of fruit from the poisonous tree. In order for these procedures to apply a variation with procedure that forms an illegal search and/or seizure would need to be shown.

The totality of the circumstances is another decisional test that will apply to determine whether procedure was proper and to allow or deny the evidence at trial.