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Terrorism Based Terry Stops

Terrorism Based Terry Stops. Carl Milazzo Branch Chief Enforcement Operations Div Federal Law Enforcement Training Center. Introduction. 1. LOS Model Statutes Project See LOS page at IACP website 2. Case Law Supreme Court Recent Cases 3. DOJ Profiling Policy. No Special Rules.

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Terrorism Based Terry Stops

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  1. Terrorism Based Terry Stops Carl Milazzo Branch Chief Enforcement Operations Div Federal Law Enforcement Training Center

  2. Introduction 1. LOS Model Statutes Project See LOS page at IACP website 2. Case Law • Supreme Court • Recent Cases 3. DOJ Profiling Policy

  3. No Special Rules There is NO Relaxed Standard Articulable Facts Still Needed to Justify Investigative Detention

  4. Foreign Appearance Alienage Alone Does Not Justify Reasonable Suspicion But it May be Considered as a Factor

  5. Informants • Corroborate • Details especially predictions

  6. The Supreme Court On: • Bomb Tips Florida v. JL • Roadblocks Indianapolis v. Edmonds

  7. Recent Cases • Ullah – corroboration of tip • Vite – ethnicity a factor • Millette – membership a factor • Elio – citizen “concern” not enough • Hiibel – need to identify driver cited • Upshaw – inciting a riot

  8. DOJ Profiling Policy • “Regular” Law Enforcement Race May Not Be Considered Unless as a Specific Suspect Description • National Security Related Ethnicity May be Considered

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