“I was employed at a state corrections facility. When I got charged with Felonious Assault and Kidnapping, my job put me on unpaid leave. Greg Robey fought hard for me and the State agreed to dismiss all the felony charges against me. I am now back on the job because of the hard work of Mr. Robey.” -T.J., Cleveland, Ohio
You are standing on a corner or walking along a street minding your own business. Does a police officer have the right to stop you or search you without a warrant? The U.S. Constitution says no. But there is a catch. Law enforcement officers are permitted to make an investigative stop.
An investigative stop refers to a stop made by a police officer who has reasonable suspicion that a person committed a crime. This standard is lower than the probable cause needed to make an arrest. However, the officer must be able to provide explainable reasons for the suspicion, not just a hunch that something was wrong.
The Terry stop has come under scrutiny because of the potential for abuse of power. In New York City, for example, the stop and frisk policies employed by the New York Police Department was found unconstitutional and deemed indirect racial profiling by the judge.
If you were unlawfully detained or searched by a law enforcement officer, speak to a criminal defense lawyer who is experienced in challenging evidentiary admissibility.