Criminal Law

United States v. Hensley — Study Notes

United States v. Hensley, 469 U.S. 221 (1985)

Study notes for United States v. Hensley: professor notes, cold call prep, exam angles, and memory aids.

Police officers may stop individuals based on reasonable suspicion from another police department's bulletin if the initial suspicion meets Fourth Amendment standards.
Professor Notes

The Supreme Court's decision in United States v. Hensley underscores the delicate balance between law enforcement's need to prevent crime and the constitutional protection against unreasonable searches and seizures. Professors may emphasize how the case clarifies the standard for reasonable suspicion based on information provided by another jurisdiction's police department. It illustrates that a police department can rely on the communications of another department as long as there are substantial investigative bases for the initial suspicion.

Additionally, educators might focus on the implications of establishing a link between inter-jurisdictional communication and the Fourth Amendment. The ruling affirms that officers are not independently required to confirm the validity of reasonable suspicion if it rests on evidence that meets constitutional standards, advocating for a collaborative police approach in cross-jurisdictional law enforcement efforts.

Cold Call Prep
  1. 1Explain the facts that led to the police stop in Hensley.
  2. 2What was the Supreme Court's reasoning for allowing stops based on interdepartmental bulletins?
  3. 3Can you describe how the Fourth Amendment applies in this context?
  4. 4What is the significance of reasonable suspicion in criminal procedure?
  5. 5How would you argue about the reliability of information from other jurisdictions?
  6. 6What could have changed the outcome of this case if the information was deemed insufficient?
  7. 7Discuss the implications of this case on police practices.
Mnemonic Device

Hensley = Helping Hearsays, a reminder that police may act on reasonable suspicion derived from another department's bulletin.

Distinguish From
CaseDistinction
Terry v. OhioTerry established the foundational principle of reasonable suspicion, while Hensley applied this principle to interdepartmental communication.
Florida v. HarrisFlorida v. Harris addressed the reliability of informants, whereas Hensley concerned the acceptance of reasonable suspicion from official police sources.
Navarette v. CaliforniaNavarette focused on anonymous tips which reached a different threshold for reasonable suspicion compared to the informed official bulletin in Hensley.
Policy Arguments

For the Rule

Allowing police to rely on the bulletins fosters interagency cooperation, enhancing public safety and the overall effectiveness of law enforcement.

Against the Rule

It risks validating stops that may be based on erroneous or insufficient information if there are no accountability measures for the originating department.

Class Discussion Points
  • How does Hensley affect the interpretation of reasonable suspicion in modern policing?
  • What safeguards might be necessary to prevent abuse of interdepartmental bulletins?
  • Can reliance on another department's bulletin lead to systemic issues in policing practices?
  • What role do borderline cases play in the evolution of Fourth Amendment jurisprudence?
  • Should there be greater restrictions on how police use information from other jurisdictions?
Exam Angle

This case may often appear on exams as a pivotal discussion about the standards of reasonable suspicion and the extent of police authority in relation to interdepartmental communication and collaboration.

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