Terry stop in Arkansas

1998In examining whether the anonymous tip carried with it sufficient indicia of reliability by analogy to the totality of the circumstances approach to determining whether an informant’s tip establishes probable cause under Illinois v. Gates, 462 U.S. 213 (1983), the Court concluded that the tip, “standing alone,” “would not ‘warrant a man of reasonable caution in the belief that [a stop] was appropriate.’” White, supra (quoting Terry, supra).

1991Jones also contends the search of his person exceeded that which can be made in case of .a “Terry stop.” The search was not made pursuant to a temporary detention of the sort approved in Terry v. Ohio, 392 U.S. 1 (1968).

1988The court concluded that, “if police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion.” 469 U.S. at 229 .

1988It is the objective reading of the flyer or bulletin that determines whether other police officers can defensively act in reliance on it. . . .Assuming the police make a Terry stop in objective reliance on a flyer or bulletin, we hold that the evidence uncovered in the course of the stop is admissible if the police who issued the flyer or bulletin possessed a reasonable suspicion justifying a stop,. . . and if the stop that in fact occurred was not significantly more intrusive than would have been permitted the issuing department. [Citations omitted; emphasis in original; 469 U.S. at 232-233 .

2004See Jefferson v. State, 349 Ark. 236 , 76 S.W.3d 850 (2002).

2004See Jefferson v. State, 349 Ark. 236 , 76 S.W.3d 850 (2002).

2003See also Meadows v. State, 269 Ark. 380 , 602 S.W.2d 636 (1980) (overturning a Terry stop based on the fact that the defendant quickly walked past officers and continued to look back at them).

2003See also Meadows v. State, 269 Ark. 380 , 602 S.W.2d 636 (1980) (overturning a Terry stop based on the fact that the defendant quickly walked past officers and continued to look back at them).

2003Compare In re T.T.C., 583 A.2d 986, 990 (D.C.1990) (holding that passing a small white object in a high crime area, without further evidence of an exchange, is insufficient to support a Terry stop) and Gray v. United States, 292 A.2d 153, 156 (D.C.1972) (holding that "the mere passing of money on a street, which the arresting officers characterized as a `high narcotics area,'" does not give reasonable grounds to conclude that a narcotics transaction is taking place) with Thompson v. United States, 745 A.2d 308, 313 (D.C.2000) (holding that the exchange of currency for an object, along with oth

2003Compare In re T.T.C., 583 A.2d 986 , 990 (D.C. 1990) (holding that passing a small white object in a high crime area, without further evidence of an exchange, is insufficient to support a Terry stop) and Gray v. United States, 292 A.2d 153, 156 (D.C. 1972) (holding that “the mere passing of money on a street, which the arresting officers characterized as a ‘high narcotics area,’” does not give reasonable grounds to conclude that a narcotics transaction is taking place) with Thompson v. United States, 745 A.2d 308, 313 (D.C. 2000) (holding that the exchange of currency for an object, along with

2003Compare In re T.T.C., 583 A.2d 986, 990 (D.C.1990) (holding that passing a small white object in a high crime area, without further evidence of an exchange, is insufficient to support a Terry stop) and Gray v. United States, 292 A.2d 153, 156 (D.C.1972) (holding that "the mere passing of money on a street, which the arresting officers characterized as a `high narcotics area,'" does not give reasonable grounds to conclude that a narcotics transaction is taking place) with Thompson v. United States, 745 A.2d 308, 313 (D.C.2000) (holding that the exchange of currency for an object, along with oth

2003Compare In re T.T.C., 583 A.2d 986 , 990 (D.C. 1990) (holding that passing a small white object in a high crime area, without further evidence of an exchange, is insufficient to support a Terry stop) and Gray v. United States, 292 A.2d 153, 156 (D.C. 1972) (holding that “the mere passing of money on a street, which the arresting officers characterized as a ‘high narcotics area,’” does not give reasonable grounds to conclude that a narcotics transaction is taking place) with Thompson v. United States, 745 A.2d 308, 313 (D.C. 2000) (holding that the exchange of currency for an object, along with

2003But cf. Reyes v. United States, 758 A.2d 35, 38 (D.C.2000) (holding that a surreptitious one-way exchange in an "open air drug market" was sufficient to justify an investigatory stop); United States v. Bennett, 514 A.2d 414, 416 (D.C.1986) (holding that a one-way transfer of money, coupled with the defendant's flight and telltale signs of a drug transaction, is sufficient to create an articulable suspicion).

2003But cf. Reyes v. United States, 758 A.2d 35, 38 (D.C. 2000) (holding that a surreptitious one-way exchange in an “open air drug market” was sufficient to justify an investigatory stop); United States v. Bennett, 514 A.2d 414, 416 (D.C. 1986) (holding that a one-way transfer of money, coupled with the defendant’s flight and telltale signs of a drug transaction, is sufficient to create an articulable suspicion).

2003Compare In re T.T.C., 583 A.2d 986, 990 (D.C.1990) (holding that passing a small white object in a high crime area, without further evidence of an exchange, is insufficient to support a Terry stop) and Gray v. United States, 292 A.2d 153, 156 (D.C.1972) (holding that "the mere passing of money on a street, which the arresting officers characterized as a `high narcotics area,'" does not give reasonable grounds to conclude that a narcotics transaction is taking place) with Thompson v. United States, 745 A.2d 308, 313 (D.C.2000) (holding that the exchange of currency for an object, along with oth

2003Compare In re T.T.C., 583 A.2d 986 , 990 (D.C. 1990) (holding that passing a small white object in a high crime area, without further evidence of an exchange, is insufficient to support a Terry stop) and Gray v. United States, 292 A.2d 153, 156 (D.C. 1972) (holding that “the mere passing of money on a street, which the arresting officers characterized as a ‘high narcotics area,’” does not give reasonable grounds to conclude that a narcotics transaction is taking place) with Thompson v. United States, 745 A.2d 308, 313 (D.C. 2000) (holding that the exchange of currency for an object, along with

1998See, e.g., Ellis v. State, 573 So. 2d 724, 725 (Miss. 1990)(“When an object is soft or does not reasonably resemble a weapon, the Terry analysis does not justify removing it from the suspect’s clothing and searching it.”); United States v. Santillanes, 848 F.2d 1103 (10th Cir. 1988); State v. Collins, 679 P.2d 80 (Ariz.App. 1984); Blackburn v. State, 414 So.2d 651, 652 (Fla.App. 2d Dist. 1982)(seizure of item that caused a “bulge” in appellant’s shirt pocket held “not permissible when the officer does not reasonably believe that what he is finding is a weapon”); Francis v. State, 584 P.2d 1359

1998See, e.g., Ellis v. State, 573 So. 2d 724, 725 (Miss. 1990)(“When an object is soft or does not reasonably resemble a weapon, the Terry analysis does not justify removing it from the suspect’s clothing and searching it.”); United States v. Santillanes, 848 F.2d 1103 (10th Cir. 1988); State v. Collins, 679 P.2d 80 (Ariz.App. 1984); Blackburn v. State, 414 So.2d 651, 652 (Fla.App. 2d Dist. 1982)(seizure of item that caused a “bulge” in appellant’s shirt pocket held “not permissible when the officer does not reasonably believe that what he is finding is a weapon”); Francis v. State, 584 P.2d 1359

1998See, e.g., Ellis v. State, 573 So. 2d 724, 725 (Miss. 1990)(“When an object is soft or does not reasonably resemble a weapon, the Terry analysis does not justify removing it from the suspect’s clothing and searching it.”); United States v. Santillanes, 848 F.2d 1103 (10th Cir. 1988); State v. Collins, 679 P.2d 80 (Ariz.App. 1984); Blackburn v. State, 414 So.2d 651, 652 (Fla.App. 2d Dist. 1982)(seizure of item that caused a “bulge” in appellant’s shirt pocket held “not permissible when the officer does not reasonably believe that what he is finding is a weapon”); Francis v. State, 584 P.2d 1359

1998See, e.g., Ellis v. State, 573 So. 2d 724, 725 (Miss. 1990)(“When an object is soft or does not reasonably resemble a weapon, the Terry analysis does not justify removing it from the suspect’s clothing and searching it.”); United States v. Santillanes, 848 F.2d 1103 (10th Cir. 1988); State v. Collins, 679 P.2d 80 (Ariz.App. 1984); Blackburn v. State, 414 So.2d 651, 652 (Fla.App. 2d Dist. 1982)(seizure of item that caused a “bulge” in appellant’s shirt pocket held “not permissible when the officer does not reasonably believe that what he is finding is a weapon”); Francis v. State, 584 P.2d 1359

1998See, e.g., Ellis v. State, 573 So. 2d 724, 725 (Miss. 1990)(“When an object is soft or does not reasonably resemble a weapon, the Terry analysis does not justify removing it from the suspect’s clothing and searching it.”); United States v. Santillanes, 848 F.2d 1103 (10th Cir. 1988); State v. Collins, 679 P.2d 80 (Ariz.App. 1984); Blackburn v. State, 414 So.2d 651, 652 (Fla.App. 2d Dist. 1982)(seizure of item that caused a “bulge” in appellant’s shirt pocket held “not permissible when the officer does not reasonably believe that what he is finding is a weapon”); Francis v. State, 584 P.2d 1359

1998See, e.g., Ellis v. State, 573 So. 2d 724, 725 (Miss. 1990)(“When an object is soft or does not reasonably resemble a weapon, the Terry analysis does not justify removing it from the suspect’s clothing and searching it.”); United States v. Santillanes, 848 F.2d 1103 (10th Cir. 1988); State v. Collins, 679 P.2d 80 (Ariz.App. 1984); Blackburn v. State, 414 So.2d 651, 652 (Fla.App. 2d Dist. 1982)(seizure of item that caused a “bulge” in appellant’s shirt pocket held “not permissible when the officer does not reasonably believe that what he is finding is a weapon”); Francis v. State, 584 P.2d 1359

1989See U.S. v. White, 648 F.2d 29 (D.C.Cir.1981), for a discussion of the quantum of evidence needed for a Terry stop and what is needed beyond that to "boost" the case into one constituting probable cause.

1989See U.S. v. White, 648 F.2d 29 (D.C.