{"id":1272,"date":"2007-11-01T10:19:06","date_gmt":"2007-08-23T07:01:29","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-08-23T07:01:29","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1272","title":{"rendered":"Gravity of crime prime factor in a stop based on Hensley<\/em>"},"content":{"rendered":"

Gravity of the crime under investigation is the prime factor justifying a stop under United States v. Hensley<\/em><\/a>, and a loud music stop that endangers no one does not qualify. The ability to stop is less applicable to a past crime unless there is a danger. Here, the court analyzed federal and state cases to come to its conclusion, and it concludes that there was no reasonable suspicion for stopping the defendant. United States v. Grigg<\/a>, 498 F.3d 1070 (9th Cir. 2007):<\/p>\n

We adopt the rule that a reviewing court must consider the nature of the misdemeanor offense in question, with particular attention to the potential for ongoing or repeated danger (e.g., drunken and\/or reckless driving), and any risk of escalation (e.g., disorderly conduct, assault, domestic violence). An assessment of the “public safety” factor should be considered within the totality of the circumstances, when balancing the privacy interests at stake against the efficacy of a Terry stop, along with the possibility that the police may have alternative means to identify the suspect or achieve the investigative purpose of the stop.<\/p>\n

B<\/p>\n

We conclude that Officers Roeder’s and McGuire’s investigatory stop of Grigg was not reasonable. As discussed above, the exceedingly harmless past misdemeanor conduct — allegedly playing one’s car stereo at a volume in suspected violation of a local noise ordinance — need not spur the police into instant action as might the opportunity to stop a reputedly armed felon, street fighter, or reckless driver. Cf. Hensley<\/em>, 469 U.S. at 223; Devils Lake<\/em>, 639 N.W.2d at 467; Myers<\/em>, 490 So. 2d at 704. So far as we can discern, if Officers McGuire and Roeder had not stopped Grigg, the threat to public safety from his loud music would have been nil. Given the lack of exigency to seize Grigg temporarily, his interest in personal security against governmental intrusion is entitled to more deference.<\/p><\/blockquote>\n

The government showed probable cause from informant hearsay that was corroborated and a controlled buy, among other things, and a warrantless search of defendant’s car was justified contemporaneously with his arrest when he showed up at the scene where police were waiting for him. United States v. Ball<\/a>, 499 F.3d 890 (8th Cir. 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1272","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1272","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1272"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1272\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1272"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1272"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1272"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}