Criminal Law
469 U.S. 221 (1985)
Study notes for People v. Hensley: professor notes, cold call prep, exam angles, and memory aids.
A police officer may rely on an external police flyer to conduct a stop if the originating agency had reasonable suspicion.
In People v. Hensley, the Supreme Court addressed critical issues regarding the Fourth Amendment's protection against unreasonable searches and seizures. The Court emphasized that police officers are allowed to rely on information from other law enforcement agencies when making a stop, so long as the originating agency had reasonable suspicion based on their own investigation. This case is pivotal in understanding how inter-agency communication impacts the constitutionality of police actions, specifically in relation to the reliability of tips and the foundations of police authority during investigative stops. The ruling underscores the necessity of balancing individual rights against public safety concerns.
FLYER - Flyers can lead to Legitimate Yields of Enforcement Rights.
| Case | Distinction |
|---|---|
| Terry v. Ohio | In Terry, the officer had direct observations leading to reasonable suspicion, unlike in Hensley where the stop was based on a flyer. |
| Florida v. J.L. | In J.L., the Court ruled that anonymous tips without corroboration do not suffice for reasonable suspicion, differing from Hensley where the flyer was from a known agency. |
Allowing stops based on external flyers promotes interagency cooperation and enhances the ability to apprehend suspects effectively.
This rule may lead to the erosion of Fourth Amendment protections if officers become overly reliant on potentially unverified information from other agencies.
This case is likely to appear on exams as a classic example of the application of the Fourth Amendment concerning reasonable suspicion and police stops based on external information.