Uniformed officers are driving a marked car into an area known for heavy drug trafficking, intending to investigate drug activity and anticipating encountering drug customers and lookouts. One officer sees the suspect standing next to a building and holding an opaque bag. The suspect looks in the direction of the officers and flees. The officers turn their car, watch the suspect run through an alley, and eventually corner him on the street. One officer leaves the car, stops the defendant, and conducts a frisk of the defendant, discovering a concealed handgun.
-Which of the following facts cannot be used to provide justification for the stop?

Question

Uniformed officers are driving a marked car into an area known for heavy drug trafficking, intending to investigate drug activity and anticipating encountering drug customers and lookouts.  One officer sees the suspect standing next to a building and holding an opaque bag.  The suspect looks in the direction of the officers and flees.  The officers turn their car, watch the suspect run through an alley, and eventually corner him on the street.  One officer leaves the car, stops the defendant, and conducts a frisk of the defendant, discovering a concealed handgun.
-Which of the following facts cannot be used to provide justification for the stop?

Quizplus · Accepted Answer

The discovery of the concealed handgun cannot be used to justify the initial stop because it was not known to the officers at the time of the stop. The justification for the stop must be based on facts known to the officers prior to the stop. A, B, and C could be used as justification for the stop because they provide reasonable suspicion that the suspect was involved in criminal activity.

Uniformed Officers Are Driving a Marked Car into an Area