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News (Media Awareness Project) - US: Police Get OK To Stop People On The Run
Title:US: Police Get OK To Stop People On The Run
Published On:2000-01-17
Source:Danbury News-Times
Fetched On:2008-09-05 06:20:15
POLICE GET OK TO STOP PEOPLE ON THE RUN

WASHINGTON (AP)--The Supreme Court yesterday gave police broad authority to
stop and question people who run at the sight of an officer.

The 5-4 ruling came short of giving police a blanket right to stop anyone
who runs after seeing the police. But it says such flight may indicate a
crime is being committed and, therefore, can help justify a police stop.

The decision is a boost for police but worries some civil libertarians.

"Nervous, evasive behavior is a pertinent factor in determining reasonable
suspicion" to justify a stop, Chief Justice William H. Rehnquist wrote for
the court. "Headlong flight--wherever it occurs--is the consummate act of
evasion."

"Allowing officers confronted with such flight to stop the fugitive and
investigate further is quite consistent with the individual's right to go
about his business or to stay put and remain silent in the face of police
questioning," Rehnquist said.

The court said police had enough reason to stop a Chicago man who ran after
spotting officers in an area known for narcotics trafficking.

The National Association of Police Organizations praised the ruling. The
group's executive director, Robert T. Scully, said the decision will allow
police to investigate "highly suspicious conduct."

But Tracey Maclin, a lawyer for the American Civil Liberties Union, said
the decision "shows how out of touch the majority of the court is with what
happens on the streets of America with respect to police-citizen encounters."

"One of the basic liberties of this country is that you've got a right to
say 'no' to the cops," Maclin said, adding that the ruling's practical
effect will be to allow police to stop anyone who flees in high-crime areas.

Rehnquist's opinion was joined by justices Sandra Day O'Connor, Antonin
Scalia, Anthony M. Kennedy and Clarence Thomas. Justices John Paul Stevens,
David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer agreed with the
court's decision not to adopt a rule that would always authorize police to
stop people who run at the sight of police.

But the four, in an opinion written by Stevens, disagreed with the
majority's conclusion that Chicago police were justified in stopping
William Wardlow in 1995.

Wardlow was convicted of a weapons violation after he was chased down and
arrested on a Chicago street while carrying a loaded handgun.
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