Consensual Contact Vs Probable Cause Analysis

In the criminal justice system, such things as consensual contact, detention and probable cause are important to for law enforcement. To know the difference between each could be difference between enforcing the law and letting someone go. According to Robertson and Wallace, consensual contact is defined as when an individual is not detained by the police and the police have not had any manner recommend to that individual and is not free to end the encounter and withdraw from. There are two types of detentions. Terry-Type Detention is defined as an arrest from a stop-and-frisk situation, while Temporary Detention is defined for questioning that is not considered to be an arrest. Lastly, probable cause is defined as a quality by police authorities …show more content…
A vehicle is less than a full arrest and the level of it, is that probable cause supports a temporary detention less than required to a full arrest. The detention starts when the officer is coming to a vehicle that is stopped. As soon as the officer turns on his red lights, is not a detention whether if the vehicle is already parked, and the officer gets out to ask the driver for his or her identification or license. Detention needs to have a reasonable suspicion if the person doing criminal activity, is about to occur in a criminal activity, or has been recently been doing criminal activity. “People v. Remiro, a state appellate court upheld the stopping of the vehicle on the basis of the officer’s reasonable suspicion. In the case, the officer saw a van he did not recognize that was driving slowly in a residential neighborhood at 1:30 a.m. The officer followed the van and noticed that it was traveling in a circle”. The van was stopped for the following reasons: the van was speeding, the police officer knew the neighborhood, knew about each vehicle and the patterns, but he did not recognize this vehicle. The police officer had known that there were burglaries that have been occurred in that neighborhood. Lastly, he knew that vans are usually used for …show more content…
If you are pulled over, trying to figure out if the police officer has any probable cause to legally search you, you will always have the right to decline any appeals by saying, “Officer, I don’t consent to any searches.”. You can say this to the officer, over and over again if you please too. If the officers finds something illegal in your car, without having a warrant, you can get a lawyer and show the evidence in court. The Terry Case was big in the United States Supreme Court back on October 31, 1963. Two men, John W. Terry and Richard Clinton were stopped by detective Martin McFadden. The officer stopped the two men because he felt like were acting in a suspicious way. Terry and Richard were walking back and forth near a window that they kept staring at and soon later met up with another guy, Katz. They had a short conversation and then Katz left. The two men walked a couple blocks meeting up with Katz, but the officer followed them as the guys were together. The officer went up to the three men and asked them for their names and Terry mumbled something under their breathe and officer McFadden spun him around, feeling a weapon, that was a pistol under his overcoat. The officer reached into his overcoat but was unable to get the gun out of his pocket. He then, ordered all of the three men to go inside the store and demanded them to be facing against the wall,