{"id":5301,"date":"2011-07-10T08:42:36","date_gmt":"2011-03-18T00:33:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-17T12:47:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5301","title":{"rendered":"LA: Flight easily most important factor in totality"},"content":{"rendered":"

\u201c[F]light from police officers is the most important factor in the totality of circumstances analysis.\u201d State v. Morgan<\/a>, 59 So. 3d 403 (La. 2011):<\/p>\n

However, in several cases, we have expressly held or at least implied that the defendant\u2019s flight from police officers is the most important factor in the totality of the circumstances analysis. In State v. Lewis<\/a>, we specifically held that, \u201cthe totality of the circumstances known to the officer at the time, including the residents\u2019 complaints of drug activity, the \u2018hot spot\u2019 nature of the area, respondent’s nervousness, and, most importantly, his unprovoked headlong flight from the officer, gave rise to reasonable suspicion for an investigatory detention.\u201d 00-3136 (La. 4\/26\/02); 815 So. 2d 818, 821 (emphasis added); cert. denied, 537 U.S. 922, 123 S.Ct. 312, 154 L.Ed.2d 211 (2002). Similarly, in State v. Belton<\/a>, we held that the defendant’s flight from the approaching officers, in addition to the other facts known by the officers at the time, was sufficiently suspicious to justify an investigatory stop. 441 So. 2d at 1199. We used identical language in State v. Johnson<\/a>, when we held that the defendant’s evasive behavior in quickening his pace to a \u201cnear run,\u201d in the context of the other circumstances known to the officer, including the lateness of the hour, the high-crime character of the area, and the defendant repeatedly glancing over his shoulder, provided the minimal objective justification for an investigatory stop. 01-2081 (La. 4\/26\/02); 815 So. 2d 809, 811. We even found reasonable suspicion in State v. Benjamin<\/a>, where the only factor in addition to the defendant’s flight was the fact that he clutched his waistband as if he were supporting a weapon or contraband. 97-3065 (La. 12\/1\/98); 722 So. 2d 988, 989.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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