{"id":5151,"date":"2011-07-10T17:00:00","date_gmt":"2011-02-03T08:35:02","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-03T08:35:02","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5151","title":{"rendered":"CA7: Reasonable suspicion stops can be based on a completed felony, not just on ongoing one"},"content":{"rendered":"

Reasonable suspicion stops can be based on a completed felony, not just on ongoing one. United States v. Bullock<\/a>, 632 F.3d 1004 (7th Cir. 2011):<\/p>\n

Bullock contends that for officers to detain him pursuant to Terry<\/a> there must be \u201ca basis for believing that the person is engaging (present tense) in criminal activity or is about to be engaged (future tense) in criminal activity.\u201d Reply Br. 3. However, officers can stop and detain a suspect for reasonable suspicion that the suspect has engaged in a completed felony. United States v. Hensley<\/a>, 469 U.S. 221, 229, 105 S. Ct. 675, 83 L. Ed. 2d 604 (1985) (\u201c[I]f police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in … a completed felony, then a Terry stop may be made to investigate that suspicion.\u201d); Booker, 579 F.3d at 838-39 (reasonable suspicion existed to stop and detain defendant who was suspected of having committed battery).\n<\/p><\/blockquote>\n

Defendant\u2019s conduct and statements not in harmony with what the officer observed when defendant\u2019s SUV was in the parking lot at a convenience store that was a \u201chot spot of criminal activity\u201d created reasonable suspicion to believe that defendant was armed. Thus, his car should be subjected to a protective search. Defendant was stopped after he left the convenience store parking lot. When stopped, he was nervous, fidgety, and wouldn\u2019t look the officer in the eye, and his story didn\u2019t match the officer\u2019s observations in the parking lot. United States v. Stewart<\/a>, 631 F.3d 453 (8th Cir. 2011).*<\/p>\n

Plaintiff\u2019s feeling he was compelled to take a polygraph examination to clear his name did not mean that he was unlawfully seized under the Fourth Amendment. Natal-Rosario v. Erickson<\/a>, 410 Fed. Appx. 351 (1st Cir. 2011) (unpublished).*<\/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-5151","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5151","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=5151"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5151\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5151"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5151"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5151"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}