{"id":6036,"date":"2012-03-08T07:39:02","date_gmt":"2011-09-19T05:30:40","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-19T05:30:40","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6036","title":{"rendered":"S.D.W.Va.: Defendant was taken down after flight on seeing the police; this was just a Terry<\/em> stop"},"content":{"rendered":"

Defendant got off a Greyhound bus and was somehow noticed by drug interdiction police who started to walk up to him and show a badge to talk to him. He fled and was taken down after an \u201cextended chase.\u201d This was just a Terry stop. United States v. Wallace, 811 F. Supp. 2d 1265 (S.D. W.Va. 2011):<\/p>\n

Following the extended chase, Det. Carper and Lt. Napier forced defendant to the ground. At this precise point, defendant was unquestionably seized within the contemplation of the Fourth Amendment. Compare United States v. Drayton, 536 U.S. 194, 201 (2002) (\u201cIf a reasonable person would feel free to terminate the encounter, then he or she has not been seized.\u201d); Brown, 401 F.3d at 594 (noting \u201c[A] seizure ‘requires either physical force … or, where that is absent, submission to the assertion of authority.’\u201d) (citation omitted).<\/p>\n

The court does not deem the stop, at least at this point, to have constituted an arrest. It is best treated as a Terry stop. The question thus arises whether a Terry stop was justified under the circumstances. The Supreme Court has articulated factors to be weighed in considering the totality of the circumstances that might support the reasonable suspicion necessary to justify a Terry stop. These factors include: (1) whether a high crime area is involved, Adams v. Williams, 407 U.S. 143, 147 (1972), (2) whether an individual exhibits evasive behavior, United States v. Brignoni-Ponce, 422 U.S. 873, 885 (1975), and (3) whether there is unprovoked flight, Illinois v. Wardlow, 528 U.S. 119, 124-25 (2000) (\u201cHeadlong flight \u2014 wherever it occurs \u2014 is the consummate act of evasion: It is not necessarily indicative of wrongdoing, but it is certainly suggestive of such.\u201d).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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