Robert Phillips
- Ref # CAC00020
- March 01, 2021
Detentions for Investigation
CASE LAW
- Detentions for Investigation
- Contacts in High Crime Areas
- Furtive Acts and Their Value in Showing a Reasonable Suspicion
RULES
A person may be lawfully detained if, in view of all the circumstances, a reasonable person would have believed that he or she was not free to leave. One’s furtive act of an apparent attempt to hide from approaching police officers, at least in a high crime area, may be sufficient to justify a lawful detention.
FACTS
Officers Michael Marino and Daniel Guy were patrolling in a “high crime area” at about 10:00 p.m. in a marked patrol car. They drove into a cul-de-sac which was known as a “gang haunt” and a “narcotics hangout,” and where fresh graffiti was a daily occurrence. Officer Guy had in fact made a drug-related arrest at that location the night before. As the officers entered the cul-de-sac, they ....
