Reasonable Suspicion

Suspect 3
By Augheydmx (Own work)
[CC-BY-SA-3.0],
via Wikimedia Commons

On August 6, 2012, police arrested Marcus Williams and charged him with Marijuana Possession, according to news site nj.com.

Police stopped Williams allegedly for driving with a broken brake light. According to nj.com, Police arrested Williams based on two outstanding warrants. A contemporaneous search revealed the suspected contraband.

Police must not unjustifiably stop an individual. A mere hunch never justifies a stop. The cops must first observe the conduct of a particular individual leading to the belief that a crime was or is being committed.

Under New ‎Jersey law, a stop happens when a reasonable person would not believe he is free to leave. The cops must not stop a vehicle without a factual basis that the driver or an occupant broke the law.

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding stops, searches, seizures, and arrests. Call Now—(856) 812-0321.

Reasonable Suspicion

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.