SUPREME COURT RULED OFFICER GAINS PROBABLE CAUSE AFTER CONSENSUAL ENCOUNTER WITH CITIZEN

07/29/2010 • Google Scholar

Under appropriate circumstances, a law enforcement officer who previously lacked even reasonable suspicion to detain, by discovering a valid warrant, gains probable cause not just to detain, but to arrest. If an officer engaging in a consensual encounter with a citizen discovers an arrest warrant, the subsequent arrest is valid and any evidence discovered during a search incident to arrest is admissible, subject to inquiry into whether an illegal detention occurred. State v. Hummons, CR 10-0309-PR (236 P.3d 1201 (2010)).

2 Comments in Response to SUPREME COURT RULED OFFICER GAINS PROBABLE CAUSE AFTER CONSENSUAL ENCOUNTER WITH CITIZEN

Comment by stupidamerkin

Entered on: 8/24/2011 5:10:16 AM

"A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear. The traitor is the plague."

Marcus Tullius Cicero

Comment by Powell Gammill

Entered on: 8/23/2011 5:42:45 PM

Am I free to go?

What is your reasonable suspicion?

Am I free to go?

Am I being detained?

Am I free to go?

Make a Comment (2) • Email Link • Send Letter to Editor