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Asset Forfeiture: Profile Factors After Sokolow: Police-Citizen Encounters, Investigatory Stops and Consent Searches

NCJ Number
119843
Author(s)
R Stolker; J Sadighian; W Lenck
Date Published
1989
Length
33 pages
Annotation
This paper discusses the legal principles involved in consent searches, profile stops, and their proper use in police operations.
Abstract
Police are instructed in what action to take when they encounter a person who matches a profile of a certain type of criminal. The paper guides officers in determining whether a person may be stopped for questioning or investigation, subjected to a patdown or a more thorough search, detained, or even arrested. It also considers what facts, if any, officers must establish in addition to the profile match. Also discussed is whether a profile match is sufficient to establish probable cause or at least reasonable suspicion. The paper explores the implications of several court cases for police officers who may wish to use a profile to justify various officer actions. One action considered is whether to approach a person and ask one or two questions but not display force or show authority or otherwise imply the person is not free to depart. Another circumstance addressed is whether it is permissible to stop a person and seize property for investigation on the grounds of "reasonable suspicion that criminal activity is afoot." Another case examines issues in taking action to seize a person or property on the basis of probable cause. 31 notes, 105-item bibliography.