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

Criminal Law

: Fourth Amendment

D.Kan.: Avoiding ruse checkpoint led to RS

By John Wesley Hall, Jr.

Defendant pulled off I-70 in Kansas after coming upon a ruse checkpoint. At that exit were only a few houses. He was followed and he pulled into a driveway, saw the police, and was startled. The officer could conclude that there was either reasonable suspicion the car was carrying drugs or they were casing houses for a burglary. [This is a stretch to find reasonable suspicion, which it does.] United States v. Neff, 2010 U.S. Dist. LEXIS 623 (D. Kan. January 5, 2010): The Supreme Court has held that, although a defendant's presence in a high-crime area is not sufficient to warrant an investigative detention, a person's intentional evasion of police while in a high-crime area and apparent "nervous, evasive behavior" are pertinent factors in determining whether the stop was supported by "reasonable suspicion...continue to full post

Full post as published by Fourth Amendment on January 10, 2010 (boomark / email).