Here is my take of vehicle stops and searches according to what I believe is current law and court rulings.
To detain someone, only reasonable suspicion is needed. To frisk or pat outer clothing for weapons only requires a reasonable belief that the person may be a danger. Terry v. Ohio
Probable cause reaches a level of forced (the person has no lawful resistence options) needed to justify an arrest or search. In TX resisting is not justified or a defense to prosecution even if the search or arrest are later ruled as unlawful.
RS and PC are based on a totality of circumstances. That is all facts and circumstances known to the officer at that moment in time. It cannot be based on something that turns up later. Officer has to make that determination on the street however a judge will ultimately decide if the officer was correct if any action is taken. Gates v. IL and several others.
Anonymous tips from the public are generally held to be unreliable and can not give reason to detain, arrest or search. If an officer can verify enough of the tip to reach reasonable suspicion or probable cause by independent observation without any detention, he can then use the anonymous tip. An example is if someone anonymously calls and says I see a man with the red shirt dealing dope. That is not sufficient for a lawful detention. If the officer gets out of his car and hides around the corner and sees is the guy with the red shirt walking up to several different cars and exchanging something, that would likely be reasonable suspicion for a detention. Again, if the officer takes any action, the person detained or arrested has a right to challenge it in court and a judge will determine if the officer was correct. Gates v. IL, FL v. J. L., Alabama v. White and others.
A named person (someone who IDs himself to an LEO) is generally held to be reliable, unlike an anonymous tip. An anonymous 911 call may be held reliable without independent observation since the 911 call IDs the caller.... probably. Prada Navarette v. CA
If probable cause exists for a vehicle, a warrant is not needed. The officer doesn’t have to say, wait right here as I will be back in a couple of hours. In TX for example, if an officer searches a vehicle without a warrant but is claiming probable cause, any effort to stop the search will likely end in an arrest for Resisting Search and/or Interference With Public Duty. Carroll v. US (search of vehicle w/o warrant)
An officer can order a driver out of a vehicle with absolutely no suspicion needed. Pennsylvavia v. Mimms
An officer can order passengers out of a vehicle with absolutely no suspicion needed. Maryland v. Wilson
Ordering people out of the vehicle in either case gives the officer no authority to frisk or search and is only a safety option available to the officer due to the dangers of traffic stops. Independent information (totality) would need to justify a frisk or a search.
To detain someone, only reasonable suspicion is needed. To frisk or pat outer clothing for weapons only requires a reasonable belief that the person may be a danger. Terry v. Ohio
Probable cause reaches a level of forced (the person has no lawful resistence options) needed to justify an arrest or search. In TX resisting is not justified or a defense to prosecution even if the search or arrest are later ruled as unlawful.
RS and PC are based on a totality of circumstances. That is all facts and circumstances known to the officer at that moment in time. It cannot be based on something that turns up later. Officer has to make that determination on the street however a judge will ultimately decide if the officer was correct if any action is taken. Gates v. IL and several others.
Anonymous tips from the public are generally held to be unreliable and can not give reason to detain, arrest or search. If an officer can verify enough of the tip to reach reasonable suspicion or probable cause by independent observation without any detention, he can then use the anonymous tip. An example is if someone anonymously calls and says I see a man with the red shirt dealing dope. That is not sufficient for a lawful detention. If the officer gets out of his car and hides around the corner and sees is the guy with the red shirt walking up to several different cars and exchanging something, that would likely be reasonable suspicion for a detention. Again, if the officer takes any action, the person detained or arrested has a right to challenge it in court and a judge will determine if the officer was correct. Gates v. IL, FL v. J. L., Alabama v. White and others.
A named person (someone who IDs himself to an LEO) is generally held to be reliable, unlike an anonymous tip. An anonymous 911 call may be held reliable without independent observation since the 911 call IDs the caller.... probably. Prada Navarette v. CA
If probable cause exists for a vehicle, a warrant is not needed. The officer doesn’t have to say, wait right here as I will be back in a couple of hours. In TX for example, if an officer searches a vehicle without a warrant but is claiming probable cause, any effort to stop the search will likely end in an arrest for Resisting Search and/or Interference With Public Duty. Carroll v. US (search of vehicle w/o warrant)
An officer can order a driver out of a vehicle with absolutely no suspicion needed. Pennsylvavia v. Mimms
An officer can order passengers out of a vehicle with absolutely no suspicion needed. Maryland v. Wilson
Ordering people out of the vehicle in either case gives the officer no authority to frisk or search and is only a safety option available to the officer due to the dangers of traffic stops. Independent information (totality) would need to justify a frisk or a search.
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