Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

LA: Attempted stop on a housing project parking lot was suspicionless, and defendant's flight was not alone reasonable suspicion; OH: Yes it is

By John Wesley Hall, Jr.

Two contrary cases on the same issue: There was no evidence that defendant was a trespasser when he was approached by NOLA police on the parking lot of a housing project. His flight from the police was not itself reasonable suspicion because there was no justification for approaching him in the first place. No articulable reason was given for the stop and frisk. State v. Darell, 2008 La. App. LEXIS 328 (4th Cir. March 5, 2008): However, even if this Court were to concede the existence of reasonable suspicion of criminal activity as a means of supporting an investigatory stop, this without more does not give the police the right to frisk the appellant under the circumstance herein. Rather, in addition to the reasonable suspicion supporting the investigatory stop, there must be some basis for a fear of safety or a fear the suspect is armed...continue to full post

Full post as published by Fourth Amendment on March 12, 2008 (boomark / email).