Comments on: Court: Just Running from the Police is a Crime http://www.jaxobserver.com/2009/12/18/court-just-running-from-the-cops-is-a-crime/ Your Independent Alternative! Sat, 13 Aug 2011 16:20:42 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Wesley Currier http://www.jaxobserver.com/2009/12/18/court-just-running-from-the-cops-is-a-crime/comment-page-1/#comment-5798 Wesley Currier Fri, 18 Dec 2009 21:35:52 +0000 http://www.jaxobserver.com/?p=8505#comment-5798 The author misstates the holding in Illinois v. Wardlow by writing "But the U.S. Supreme Court’s 2000 ruling in Illinois v. Wardlow said that simply running away from police in a high-crime area does constitute probable cause for an arrest." The case simply held that the described circumstances constituted "reasonable suspicion" to conduct a brief investigatory inquiry, i.e., a "Terry stop." If probable cause to believe the person committed an arrestable offense is not developed during the brief stop, the suspect must be released. The difference between the law and what was reported in this article is highly significant and should be corrected before a law enforcement officer not remembering his training reads it and acts upon it to his detriment. The author misstates the holding in Illinois v. Wardlow by writing “But the U.S. Supreme Court’s 2000 ruling in Illinois v. Wardlow said that simply running away from police in a high-crime area does constitute probable cause for an arrest.”

The case simply held that the described circumstances constituted “reasonable suspicion” to conduct a brief investigatory inquiry, i.e., a “Terry stop.” If probable cause to believe the person committed an arrestable offense is not developed during the brief stop, the suspect must be released.

The difference between the law and what was reported in this article is highly significant and should be corrected before a law enforcement officer not remembering his training reads it and acts upon it to his detriment.

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