Question
On August 23, 2011, late in the evening, Officer E was patrolling an area of housing projects in Phoenix. The area was a high crime
On August 23, 2011, late in the evening, Officer E was patrolling an area of housing projects in Phoenix. The area was a high crime area, "known for burglaries, sexual assaults ... children being abducted from the housing projects ... homicides, shootings, stabbings that occur right around that same exact area." As he was traveling westbound in his marked patrol car, Officer E. observed Defendant walking eastbound on a sidewalk, approached to about fifteen feet from Defendant, and made eye contact with him. Defendant hesitated and stopped "midstep" when he saw the officers. Defendant then changed his direction and started walking southbound.
Officer E. made a U-turn and attempted to locate Defendant. Officer E drove through a nearby alley, around a building, and then observed Defendant walking southbound. When he drove around the building, Defendant changed his direction again and started walking westbound. At this point, the officers concluded Defendant was attempting to avoid them.
Defendant eventually left the sidewalk and walked into the projects. In order to follow Defendant, the officer drove over the sidewalk and onto the grass. The officer did not activate his lights or sirens as he followed Defendant. While the officer was following Defendant, Defendant put his hands in his pockets and continued to walk away from him.
When Defendant put his hands in his pockets, Officer E. feared Defendant was attempting to grab a weapon. As Officer E stopped behind Defendant and started to exit his patrol car, Officer E commanded Defendant to take his hands out of his pockets and place them on his head. Defendant ignored the officer's instructions and continued walking away with his hands in his pockets. Officer E. repeated his command a second time, and Defendant briefly "turned back" or looked over his shoulder while he continued to walk away from the officer. As he walked away, the officer was unable to see Defendant's hands, which remained in front of his body and in his pockets.
Officer E ran towards Defendant, and repeated his command a third time. After Officer E put his hands on Defendant, Defendant put his right hand on his head and, with his left hand, he placed a piece of clear plastic in his mouth. Officer E said he "believed" the plastic contained crack cocaine.
- Did Officer E seize Defendant? (yes/no) If yes, when?
- What type of seizure, if any, did Officer E perform? (none, Terry stop, ,or the equivalent of an arrest)
- What level of suspicion did Officer E require to perform this action without violating the 4th Amendment?
- Did Officer E have this level of suspicion? Why or why not?
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