3d at 923). 12/02/2019 - 19-02: Resisting an Officer without Violence - Lawful Execution of a Legal Duty. In two cases arising from Florida drug interdiction inspections, the U.S. Supreme Court said that when officers boarded buses during scheduled stops and asked passengers for consent to search, the passengers had not necessarily been detained, because the officers had done nothing that would have communicated to a reasonable innocent person that he or she was not at liberty to ignore the police . 2020 Updates. Recognizing that a limited search of outer clothing for weapons serves to protect both the officer and the public, the Court held the patdown reasonable under the Fourth Amendment. It is important that officers understand when that "Rodriguez moment . ( Wyoming v. Houghton, 526 U.S. 295 (1999).) Because the legitimate and weighty concern of officer safety can only be addressed if the officers routinely exercise unquestioned command of the situation[,] we believe that this interest outweighs the minimal intrusion on those few passengers who might prefer to leave the scene. 2d 46, 47 (Fla. 3d DCA 1996)); see also Prescott v. Oakley, No. PDF SEARCHING A VEHICLE WITHOUT A WARRANT - fletc.gov Instead, a stop that was initiated for basic traffic violations7 quickly evolved into a struggle between a law enforcement officer and a passenger who had attempted to leave, requiring that officer to call for backup. The case law establishes that in most situations a person's name and biographical information does not implicate their right against self-incrimination, so a suspect can be asked his name, date of birth, et cetera. In reaching this conclusion, the Court reiterated that traffic stops are especially fraught with danger to police officers, but the risk of harm to both the police and the vehicle occupants is minimized if the officers routinely exercise unquestioned command of the situation. Id.
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