Do the principles of Terry v. Ohio allow a stop based on evidence of a prior non-felony completed offense?
From OCDLA Library of Defense
This wikilog article is a draft, it was not published yet.
by: Ryan • July 11, 2014 • no comments
Believe it or not, the title of this post reflects a genuine long-standing open question.
The US Supreme Court alluded to it in a case from this spring, Navarette v. California, where the court mentioned in a footnote:
- Because we conclude that the 911 call created reasonable suspicion of an ongoing crime, we need not address under what circumstances a stop is justified by the need to investigate completed criminal activity. Cf. United States v. Hensley, 469 U. S. 221, 229 (1985).
Here's US v. Hensley.
I don't handle a lot of misdemeanors, so I don't have a sense how often this issue will arise. But certainly often enough, I'd think. It'd be a fun one to argue.
