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The spectacle-pedlar Rembrandt [Public domain], via Wikimedia Commons |
INTRODUCTION
The Fourth Amendment protects the individual from arbitrary police intrusion. The law prohibits the police from trampling unjustifiably on freedom of movement. Instead, police may do so only under suspicious circumstances.
FULL-STOP
The stop must be based on a particularized suspicion. This means the cops must provide observations seen, heard, smelled, or otherwise detected with their senses, that the person has been or is about to engage in a crime.
Courts consider the totality of the circumstances to determine whether they provided the requisite reasonable suspicion. The policy at play behind this is a balance between effective law enforcement and the individual’s right to move freely.
JUST THE FACTS
The facts determine the outcome, and courts apply common sense in these evaluations. An officer's knowledge and experience may be given weight, as well as rational inferences from the officer's perspective.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding searches, seizures, and arrests. Call Now—(856) 812-0321.
The Fourth Amendment protects the individual from arbitrary police intrusion. The law prohibits the police from trampling unjustifiably on freedom of movement. Instead, police may do so only under suspicious circumstances.
FULL-STOP
The stop must be based on a particularized suspicion. This means the cops must provide observations seen, heard, smelled, or otherwise detected with their senses, that the person has been or is about to engage in a crime.
Courts consider the totality of the circumstances to determine whether they provided the requisite reasonable suspicion. The policy at play behind this is a balance between effective law enforcement and the individual’s right to move freely.
JUST THE FACTS
The facts determine the outcome, and courts apply common sense in these evaluations. An officer's knowledge and experience may be given weight, as well as rational inferences from the officer's perspective.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding searches, seizures, and arrests. Call Now—(856) 812-0321.
