RS trial totality of circumstances (10C) RS for Ryder truck on rarely-travelled road & 9/11 Barron-Cabrera – of second to see driver & passenger when driving in opposite direction Defer to court re: credibility of cops & Ds (1C) Cops saw suspicious car in Zone”; Stopped & ordered Trullo – “Combat driver out when car took guy 2 blocks, then let him out to walk back RS b/c high area, cops’ expertise, & suspicious actions Barely Bownes: Where must driver let passenger out to avoid RS? (9C) Ford Ranchero, typical description of activities + car known Rodriguez – to have seat to conceal illegals NO RS b/c cops’ descriptions all sound the same & fits 100s/1000s of law-abiding citizens applies to investigating completed felonies, too Hensley Terry – One cop/dptmt can make stop if another asks for help Profiles: Courts find use of profiles irrelevant b/c it depends on totality of circumstances anyway Determination is always case-by-case, so irrelevant whether facts happen to match profile (5C) Ok to use drug courier profiles b/c just admin tools Berry – Presence of each characteristic has no significance re: RS Match doesn’t automatically establish RS (US) DEA stopped D based on profile Sokolow – RS b/c is on overall degree of suspicion, not whether each fact is innocent/guilty Stricter rule would hamper cops Marshall: Reflexive profile use catching innocent citizens (8C) Cop stopped CA car in AR b/c CA = drug source (considered 6 Beck – states drug sources) No RS there are millions of law-abiding citizens that fit this – (US) Mere flight = sufficient for RS in high crime areas Wardlow – Mere presence = insufficient, but can be one factor Consistent w/ b/c unprovoked flight merely going about own Royer ≠ business or refusing to cooperate accepts stopping innocent people sometimes Terry Stevens: Lots of legit reasons for running rule doesn’t make per se – any sense Race: Ok to use for descriptions this is just a question of whether anomalous – presence of one race is sufficient for RS Race alone/primarily RS ≠ Must just be one factor (9C) No RS to see 6 unfamiliar Hispanics at high school Manzo-Jurado – football game not mingling No rational inference of immigration status from football game attendance
RS totality of circumstances Barron-Cabrera (10C) – RS for Ryder truck on rarely-travelled road & 9/11 of second to see driver & passenger when driving in opposite direction Defer to court re: credibility of cops & Ds Trullo (1C) – Cops saw suspicious car in “Combat Zone”; Stopped & ordered driver out when car took guy 2 blocks, then let him out to walk back Barely RS b/c high area, cops’ expertise, & suspicious actions Bownes: Where must driver let passenger out to avoid RS? Rodriguez (9C) – Ford Ranchero, typical description of activities + car known to have seat to conceal illegals NO RS b/c cops’ descriptions all sound the same & fits 100s/1000s of law-abiding citizens Hensley – Terry applies to investigating completed felonies, too One cop/dptmt can make stop if another asks for help Profiles: Courts find use of profiles irrelevant b/c it depends on totality of circumstances anyway Determination is always case-by-case, so irrelevant whether facts happen to match profile Berry (5C) – Ok to use drug courier profiles b/c just admin tools Presence of each characteristic has no significance re: RS Match doesn’t automatically establish RS Sokolow (US) – DEA stopped D based on profile RS b/c is on overall degree of suspicion, not whether each fact is innocent/guilty Stricter rule would hamper cops Marshall: Reflexive profile use catching innocent citizens Beck (8C) – Cop stopped CA car in AR b/c CA = drug source (considered 6 states drug sources) No RS – there are millions of law-abiding citizens that fit this Wardlow (US) – Mere flight = sufficient for RS in high crime areas Mere presence = insufficient, but can be one factor Consistent w/ Royer b/c unprovoked flight ≠ merely going about own business or refusing to cooperate Terry accepts stopping innocent people sometimes Stevens: Lots of legit reasons for running – per se rule doesn’t make any sense Race: Ok to use for descriptions – this is just a question of whether anomalous presence of one race is sufficient for RS Race alone/primarily ≠ RS Must just be one factor Manzo-Jurado (9C) – No RS to see 6 unfamiliar Hispanics at high school football game not mingling No rational inference of immigration status from football game attendance trial
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