The Fourth Amendment protects people from unreasonable searches of their persons, houses, papers, and belongings by the government. A search warrant must be supported by sworn allegations of probable cause and describe in detail the place to be searched and the people or things the officer is to seize.
the government cannot legally arrest someone without probable cause. The person getting arrested has the full protection of the law on searches and seizures.
The officer must be able to articulate a reasonable suspicion that this particular individual has committed, is in the process of committing, or is about to commit a specific crime. Hunches and “mere suspicions” do not satisfy this requirement.Investigatory Stops and the 4th Amendment, pdf
The Fourth Amendment, which protects individuals "against
unreasonable searches and seizures,' 6 applies to investigatory stops where
the individual has not violated any law.7
Brown v. Texas , 443 U.S. 47 (1979) as cited by the 9th Circuit Court of Appeals (Supreme Court 1983)
“Brown held squarely that law enforcement may not require a person to furnish identification if not reasonably suspected of any criminal conduct. Brown , 443 U.S. at 52–53. In short, Brown holds that an officer may not lawfully order a person to identify herself absent particularized suspicion that she has engaged, is engaging, or is about to engage in criminal activity …. “
"under Coolidge v. New Hampshire, 403 U. S. 443, for that doctrine to apply, not only must the officer be legitimately in a position to view the object, but also it must be "immediately apparent" to the police that they have evidence before them, and thus the officer here had to know that incriminating evidence was before him when he seized the balloon." Texas v. Brown, 460 U.S. 730 (1983) Argued: January 12, 1983 Decided: April 19, 1983
So it's obvious to me that having shoes outside your car and shades on your car window is not "immediately apparent" that it is "incriminating evidence" for a "temporary quarter" as "lodging."
"warrant a man of reasonable caution to believe that certain items may be...useful as evidence of a crime; it does not demand any showing that such a belief be correct or more likely true than false."So that is probable cause but it is not a basis for an arrest.
https://www.theiacp.org/sites/default/files/2020-06/Arrests%20etc.%20June%202020.pdf
Officers shall not make any arrest based solely on the following:
i. Information received from an anonymous source,
ii. Mere suspicion not amounting to probable cause
You're not even required to possess an ID, let alone produce one on demand.
The exceptions, of course, are when you're engaged in some activity requiring a license which must be produced when requested by law enforcement, such as driving on a public road.
Fourth Amendment rights also go into effect during an Investigatory Stop; this kind of stop requires proof of a well-supported, clear suspicion of criminal activity.
An officer’s reasonable suspicion for a stop of this kind depends on the complete set of circumstances in the moment, but simple suspicion or a gut feeling (hunch) that crime has occurred or may be occurring is never sufficient as a reason to violate a citizen’s rights
https://www.sahnlaw.com/what-are-the-most-common-types-of-police-encounters/
Generally speaking it is not illegal to sleep in a public place in America, with most enforcement using rules such as those for camping,
........
In Washington State, it is a crime to be in physical control of a motor vehicle while under the influence of drugs or alcohol, even if the vehicle is not moving.
RCW 46.61.504
https://www.revisor.mn.gov/statutes/2022/cite/92.70
subd. 2.Casual trespass.
(a) A person who uses public land for personal use or personal economic gain where the use is prohibited is guilty of trespass
https://policy.umn.edu/operations/buildingaccess
Students, faculty, and staff are required to carry their University issued U Card when in University buildings outside of public hours. A U Card is valid only for currently enrolled students or currently employed faculty or staff members. The U Card must be presented upon request by law enforcement, security personnel, or a University employee acting within the purview of their job responsibilities. Anyone in a University building that is unable to present a valid U Card outside of public hours may be asked to leave. Refusal to comply could result in arrest and/or trespass from University property.
standard civil administrative trespass notices
This Trespass Notice constitutes a written demand to depart from the land and property immediately...Any violation of this will be considered a criminal trespass
https://www.dnr.state.mn.us/hunting/trespass-law.html
Landowners, lessees, or authorized managers need only post their land once a year. The signs must be placed at intervals of 1,000 feet (500 feet in wooded areas)
Signs must state “No Trespassing,” or similar words, in 2-inch high letters and have either the signature or the name and telephone number of the landowner, lessee or manager.
In most cases, your signature does not have to be your full name to be legally binding. As long as it's clear that you're the one who signed the document and you intended to do so, it should be valid.
Let's say someone was in the park with a "Wakeman Outdoors Pop-Up Beach Tent" or "the Sun Shelter Pop-Up Tent" to get shade and they also had their shoes off - would the cop have had reasonable suspicion to arrest them? No, obviously not, because that's what people do for a day at the park during park hours.
The Fourth Amendment, which protects individuals "against unreasonable searches and seizures,' 6 applies to investigatory stops where the individual has not violated any law.7"
and
in United States v. Carpenter (462 F.3d 981 (8th Cir. 2006)), “a request to see identification is not a seizure, ‘as long as the police do not convey a message that compliance with their request is required.’"
No comments:
Post a Comment