Re: Jones motion to suppress drug evidence Question PresentedDoes flight from a traffic stop by one of the car’s passengers give the responding police officer justification to make an investigative stop on that passenger, and if the passenger is uncooperative does that give the police officer probable cause for arrest? IIConclusionMost likely the court will find that a police officer is justified in making an investigative stop on a passenger that flees from a traffic stop. The Supreme Court has held that all that is required for police to make an investigative stop is reasonable suspicion of criminal activity. The court has also held that any unprovoked flight from police in combination with other circumstances, such as a traffic stop, can form the basis of reasonable suspicion. However, mere uncooperativeness alone can not form the basis for probable cause. Direct evidence of a crime is required to satisfy the burden of probable cause. Reasonable suspicion can not be substituted for probable cause. Therefore, the court will likely find that there was no probable cause for arrest. IIIFactsMs. Bridget Jones has been arrested for obstruction of a law enforcement officer and possession of drugs. The partners want to know if it is possible to suppress the drugs as evidence.Police Officer Smith pulled the car, that Ms. Jones was a passenger in, over for speeding. When the car stopped, Ms. Jones immediately got out of the car. She then quickly walked into a nearby restaurant.Officer Smith saw her, and repeatedly shouted for her to stop, from inside his vehicle. Ms. Jones continued into the restaurant. She was fifteen feet away, when Officer Smith first ordered her to stop. She was forty feet away, when he shouted for the fourth time The officer followed Ms. Jones into the restaurant. The bartender directed Officer Smith that she run into the bathroom. The officer pounded on the bathroom door, identified himself as a police officer, ...
