A Group in an Alley
On a routine patrol, an officer noticed three people talking and laughing in an alley around 6 p.m. Two of the individuals were known drug addicts who had their hands in their pockets. When the officer approached the group, the group dispersed. The officer stopped one of the individuals and frisked her.During the frisk, the officer discovered an illegal weapon. The person was charged and has now filed a motion to suppress, arguing that the officer did not have articulable facts to support reasonable suspicion to investigate the group. The defendant also argues that talking and laughing with drug addicts in an alley is not criminal conduct, and there was no justification for the frisk.
Using the cases of , 443 U.S. 47 (1979) and , 392 U.S. 40 (1968), analyze the scenario by determining whether the defendants motion to suppress the weapon should be granted by discussing the following:
Whether the officer had articulable facts to support reasonable suspicion or were they instead relying upon a hunch, instinct, or curiosity when they approached the group in the alley?
Whether the frisk was appropriate by analyzing whether the officer had reasonable suspicion to believe that the suspect was armed and dangerous?
Support your reasoning and answers to each question with the case law provided.
Motion to Suppress Analysis
The defendant's motion to suppress likely hinges on whether the officer's actions violated the Fourth Amendment's protection against unreasonable searches and seizures. We will analyze the two key questions using the provided cases:
- Reasonable Suspicion for Approach:
- Terry v. Ohio (1968):Established the concept of reasonable suspicion for an investigatory stop. It requires an officer to have "specific and articulable facts which, taken with rational inferences from those facts, reasonably warrant that intrusion."
- Reasonable Suspicion for Frisk:
- Florida v. Jimeno (1979):Clarified that a frisk requires a separate justification beyond the stop itself. The officer must have reasonable suspicion that the suspect is armed and dangerous.
- The officer likely lacked reasonable suspicion for the initial approach.
- Even if the stop could be argued, there were no articulable facts for the frisk under Florida v. Jimeno.