What Are the 3 Levels of Police Contact – Why It Matters If You’re Arrested for an Illegal Gun, Drug or Drunk Driving in New Jersey or Pennsylvania
Our criminal defense law firm represents accused people charged with crimes across Pennsylvania and New Jersey. Most of these criminal cases involve the illegal possession of drugs, narcotics, guns or drunk driving (DUI/DWI). A critical issue in many of these cases is illegal search and seizure under the 4th and 14th Amendment to the U.S Constitution.
Is a Motion to Suppress Evidence Your Strongest Defense Argument
These rights are asserted through a pre-trial suppression motion. If the motion is successful, there is a very good chance that your case will be dismissed! In most cases, a pre-trial motion to suppress is the only viable defense for an accused as trial issue of possession if often not strong especially in cases involving vehicles. If the motion is granted the prosecution will likely not be able to use the evidence against you which would include the illegal gun, drug, chemical test and even your statements made to the police. Keep in mind, however, that not every interaction with police creates a situation where person’s constitutional protections apply.
There are 3 Levels of Police Interaction
There are three levels of interaction between citizens and police officers, and the accompanying standard of proof needed for each level is well-established.
The Mere Encounter
At the first level of contact, the police are not required to have any level of suspicion to initiate a mere encounter. A mere encounter doesn’t carry with it any constitutional protection because a citizen can simply walk away if he or she doesn’t want to speak to the police.
Investigative Detention
The second level, an investigative detention, subjects an individual to a stop and a period of detention. This interaction is lawful if it is supported by reasonable suspicion because it does not involve such coercive conditions as to constitute the functional equivalent of an arrest. In this situation a person enjoys constitutional protection under the Constitution.
If police do not have reasonable suspicion, the detention is illegal and all evidence obtained after the detention is inadmissible in court. A critical issue at this level is whether, in light of the facts and circumstances . . . a reasonable person, innocent of any crime, would have thought he was free to leave the interaction with police. An investigative detention is constitutional only if the detaining officer can point to specific and articulable facts which, in conjunction with rational inferences, give rise to a reasonable suspicion of criminal activity.
Arrest or Custodial Detention
Finally, the third level, an arrest or custodial detention, must be supported by probable cause. This requires the highest level of constitutional protection. When a criminal court evaluates the constitutionality of an interaction with the police, the crucial inquiry is whether the officer, “by means of physical force or a show of authority,” has restrained someone’s freedom of movement. “
Searches & Search Warrants
In most situations police must obtain a warrant before searching someone. A search warrant indicates that the police have convinced a neutral magistrate upon a showing of probable cause, which is a reasonable belief, based on the surrounding facts and totality of circumstances, that an illegal activity is occurring or evidence of a crime is present.
A search without a warrant may be proper where an exception applies (exceptions include actual consent, implied consent, search incident to arrest, and exigent circumstances) and the police have probable cause to believe a crime has been or is being committed. Some warrantless searches have been held not to violate state or federal constitutional privacy rights, even absent probable cause, for officer safety or administrative reasons.
Keep in mind that warrantless vehicles searches are legal in New Jersey if police have probable cause to believe that the vehicle contains contraband. Warrantless vehicle searches are generally illegal in Pennsylvania, even if police have probable cause to believe that the vehicle contains contraband.
Contact Our Criminal Defense Law Firm Today!
Our law firm wishes you and your family a great New Year! Please enjoy it responsibly! Hopefully, you will never need our service but please know we are ready to stand with you during life’s most difficult moments.
We are licensed in Pennsylvania & New Jersey. We represent the accused throughout the Philadelphia, Abington, Atlantic City, Bensalem, Berlin, Bristol, Camden, Cape May, Cheltenham, Cherry Hill, Chester, Conshohocken, Haddonfield, Horsham, Lansdale, Lower Merion Township, Maple Shade, Media, Mount Laurel, Norristown, Pottstown, Runnemede, Salem, Upper Darby, Upper Dublin, Upper Merion Township, Upper Providence, Vineland, Voorhees & Woodbury areas.
What Are the 3 Levels of Police Contact – Why It Matters If You’re Arrested for an Illegal Gun, Drug or Drunk Driving in New Jersey or Pennsylvania
Our criminal defense law firm represents accused people charged with crimes across Pennsylvania and New Jersey. Most of these criminal cases involve the illegal possession of drugs, narcotics, guns or drunk driving (DUI/DWI). A critical issue in many of these cases is illegal search and seizure under the 4th and 14th Amendment to the U.S Constitution.
Is a Motion to Suppress Evidence Your Strongest Defense Argument
These rights are asserted through a pre-trial suppression motion. If the motion is successful, there is a very good chance that your case will be dismissed! In most cases, a pre-trial motion to suppress is the only viable defense for an accused as trial issue of possession if often not strong especially in cases involving vehicles. If the motion is granted the prosecution will likely not be able to use the evidence against you which would include the illegal gun, drug, chemical test and even your statements made to the police. Keep in mind, however, that not every interaction with police creates a situation where person’s constitutional protections apply.
There are 3 Levels of Police Interaction
There are three levels of interaction between citizens and police officers, and the accompanying standard of proof needed for each level is well-established.
The Mere Encounter
At the first level of contact, the police are not required to have any level of suspicion to initiate a mere encounter. A mere encounter doesn’t carry with it any constitutional protection because a citizen can simply walk away if he or she doesn’t want to speak to the police.
Investigative Detention
The second level, an investigative detention, subjects an individual to a stop and a period of detention. This interaction is lawful if it is supported by reasonable suspicion because it does not involve such coercive conditions as to constitute the functional equivalent of an arrest. In this situation a person enjoys constitutional protection under the Constitution.
If police do not have reasonable suspicion, the detention is illegal and all evidence obtained after the detention is inadmissible in court. A critical issue at this level is whether, in light of the facts and circumstances . . . a reasonable person, innocent of any crime, would have thought he was free to leave the interaction with police. An investigative detention is constitutional only if the detaining officer can point to specific and articulable facts which, in conjunction with rational inferences, give rise to a reasonable suspicion of criminal activity.
Arrest or Custodial Detention
Finally, the third level, an arrest or custodial detention, must be supported by probable cause. This requires the highest level of constitutional protection. When a criminal court evaluates the constitutionality of an interaction with the police, the crucial inquiry is whether the officer, “by means of physical force or a show of authority,” has restrained someone’s freedom of movement. “
Searches & Search Warrants
In most situations police must obtain a warrant before searching someone. A search warrant indicates that the police have convinced a neutral magistrate upon a showing of probable cause, which is a reasonable belief, based on the surrounding facts and totality of circumstances, that an illegal activity is occurring or evidence of a crime is present.
A search without a warrant may be proper where an exception applies (exceptions include actual consent, implied consent, search incident to arrest, and exigent circumstances) and the police have probable cause to believe a crime has been or is being committed. Some warrantless searches have been held not to violate state or federal constitutional privacy rights, even absent probable cause, for officer safety or administrative reasons.
Keep in mind that warrantless vehicles searches are legal in New Jersey if police have probable cause to believe that the vehicle contains contraband. Warrantless vehicle searches are generally illegal in Pennsylvania, even if police have probable cause to believe that the vehicle contains contraband.
Contact Our Criminal Defense Law Firm Today!
Our law firm wishes you and your family a great New Year! Please enjoy it responsibly! Hopefully, you will never need our service but please know we are ready to stand with you during life’s most difficult moments.
We are licensed in Pennsylvania & New Jersey. We represent the accused throughout the Philadelphia, Abington, Atlantic City, Bensalem, Berlin, Bristol, Camden, Cape May, Cheltenham, Cherry Hill, Chester, Conshohocken, Haddonfield, Horsham, Lansdale, Lower Merion Township, Maple Shade, Media, Mount Laurel, Norristown, Pottstown, Runnemede, Salem, Upper Darby, Upper Dublin, Upper Merion Township, Upper Providence, Vineland, Voorhees & Woodbury areas.
