I honestly never heard the word "articulable" before. Articulate? Of course. Inarticulate - obviously.
"Reasonable Articulable Suspicion (RAS) is a critical legal standard that balances law enforcement interests...to justify certain actions, such as stopping a vehicle, frisking a suspect, or conducting a search without a warrant. It ensures that these actions are based on specific and articulable facts rather than vague suspicions or arbitrary decisions."
OK so that's why he couldn't say the word - because "eyeballing" is articulable?.... "I’m saying more so the smaller scale things, like vehicle searches. They’d typically involve officers observing furtive movements, nervous behavior, and other minor things (still not amounting to PC) before they conducted a search where they found an illegal firearm. .... the "lunge area" or "passenger compartment" refers to the area within the arrestee's immediate reach or control. Law enforcement officers are permitted to search this area, including containers within it, to ensure their safety and prevent the destruction of evidence....the Terry frisk allows you to search the entire passenger compartment and any unlocked containers in the passenger compartment. The rationale is that unlocked containers are easily accessible to the passenger and fall under the Terry justification of reasonable officer safety. So a normal unlocked glove box should be clear to check under Terry jurisprudence. The issue of a locked glove box is more controversial, and AFAIK, there have been differential court findings on the matter with no binding national decision by the Supreme Court."
A locked trunk, e.g. locked area outside of the passenger compartment, is more clear cut in that you need PC and a warrant or you run a big risk of a 4A violation and losing evidence. " A pat-down/frisk is a search under 4A jurisprudence, it's just a search that requires only RAS.
"[I]t is nothing less than sheer torture of the English language to suggest that a careful exploration of the outer surfaces of a person's clothing all over his or her body in an attempt to find weapons is not a 'search.'" Terry v. Ohio (1968).
So you can be detained now based on eye-balling or furtive movements without probable cause?
In the United States, police can detain someone for a brief period without arresting them, generally for a reasonable time to investigate a potential crime, often around 20 minutes to an hour. However, if they develop probable cause during that time, they can then make an arrest.
That's what AI says but it's not what ICE is doing!
This 72-hour time frame acts as a legal limit for how long the police can hold you without pressing charges.
so 3 days!! Dang - that's a long enough time to get fired from your job and have your life ruined!!!
https://arechigo-stokka.com/blog/how-long-can-police-detain-you/
Under Minnesota law, the 36-hour rule goes into effect at midnight the day after police arrested you. Thus, if police arrested you on Sunday at 1 PM, the clock does not start until 12 AM Monday morning.
You would then be due in court on Tuesday by 1 PM. Weekends and legal holidays do not count toward the 36 hours because courts are not open.
You need RAS to detain or ask for ID, PC to search, arrest, or cuff. The rules are mildly different when it involves a traffic stop, as the driver (and only the driver) is considered to have already consented to a basic 'frisking' as part of the whole licensed driver thing and the pulling over is considered RAS.
No comments:
Post a Comment