NCJ Number
178877
Journal
Crime to Court, Police Officer's Handbook Dated: August 1999 Pages: 1-11
Date Published
August 1999
Length
15 pages
Annotation
Judicial decisions regarding investigative detention are discussed, with emphasis on the case of United States v. Johnson, which was decided by the United States Court of Appeals for the Fourth Circuit in 1999 and which was somewhat unclear regarding whether the facts justified the investigative detention.
Abstract
This case involved city police officers in Richmond, Va. Two off-duty detectives were working at an apartment complex known to have a high rate of narcotics and trespassing violations and arrests. Each building had a no-trespassing sign. The policy of the complex was that visitors had to be accompanied by residents at all times. The officers stopped Johnson, who was walking alone in the parking lot and quickly moved away from some other police officers who were making an arrest. Johnson claimed that he was visiting someone, gave various names of the resident he said he was visiting, and was unable to verify the woman's residence. The officers arrested him for trespassing. They found cocaine and heroin in a bag he was carrying. Johnson stated that he did not use these drugs; the officers observed no signs that he used them. Johnson pleaded guilty to trespassing. He was ultimately convicted of possession with intent to distribute crack cocaine and heroin. The appellate court upheld the conviction and sentence. This case and other judicial decisions reveal that police officers making investigative stops must point to facts demonstrating that it was reasonable to suspect criminal activity. These cases also reveal that an appellate court will overturn a verdict when the evidence at trial is insufficient to support a jury's verdict. This decision and other case law suggests additional legal issues with which police should be familiar. Photographs and 10 multiple-choice questions and answers about the case