Police, The Fourth Amendment, Qualified Immunity

Refusal to consent to search as reasonable suspicion

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Ninth Circuit opinion (quoting the lower court) explains why that is bad:

An individual’s steadfast refusal to consent to a search cannot become the basis for reasonable suspicion, absent any other specific facts, to justify a forced search of that individual. If that were the case, the Fourth Amendment would have no effect. An officer without reasonable suspicion that an individual was armed, could simply generate reasonable suspicion by asking an otherwise non-threatening suspect to submit to a search and if he declined the officer would then have unfettered discretion to force him to submit.

Link to case.

Written by Burgers Allday

April 9, 2016 at 2:54 pm

Posted in Uncategorized

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