Just as a heads up to auditors and would-be auditors, some courts have been chipping away at the "reasonable suspicion" standard re detainments. SCOTUS already has upheld traffic stops for informational purposes, and now the Supreme Court of Nebraska as upheld an "informational" stop in non-traffic case. Yes, that only directly affects Nebraska, but the defendant in that case, with some impressive pro bono legal assistance, is petitioning SCOTUS to issue a writ of certiori, and to then review the case. If that Court upholds the Nebraska decision, and maybe even if the Court simply denies cert (as they do in response to the VAST majority of petitions), there is a good chance that judiciaries in other states will begin follow Nebraska's lead (that sounded weird, in my head, even as I typed it). So, don't count on law enforcement officers being legally limited by the the Terry decision, until this "for information" issue is sorted out. Remember, too, that, if there was the slightest ambiguity about relevant legal issue at the time of an arrest, it's almost guaranteed that a federal court cite the officer's "qualified immunity" and dismiss your civil rights suit. Here is a link to the Petition for a Write of Certiori in the Nebraska case:

Comments (1)
David Saint
David Saint

"suspicious person? Based on what, YOUR perception? And here I thought we were innocent until proven guilty. Is this Nazi Germany now?"

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