Question

Case 14.1
Officer Jamison is on patrol in his typical neighborhood, when he notices a young woman standing alone near the local bank. When she sees his patrol car, she turns around and starts walking in the other direction. Officer Jamison pulls up alongside the young woman and notices that she has quite a few tattoos on her arms and is clutching a paper bag. Officer Jamison pulls over and gets out of his car, asking the woman if he could have a word with her. She stops and stares at the officer, but says nothing. When Officer Jamison asks for her identification, she begins to walk away. Officer Jamison does not recognize the woman and has a hunch that she may have drugs or other contraband in the paper bag. He then tells the young woman, "Halt. What are you doing in this neighborhood and why won"t you tell me who you are?" When she fails to comply, Jamison steps in her path and crosses his arms, saying, "Young lady, I asked you a fair question. So, will you please answer me?" At this time, she reverses course and starts to walk the other way down the open sidewalk.

How could the officer assess whether he had reasonable suspicion justifying an investigative detention of the young woman walking away from him?
a. Jamison is given broad discretion based on his personal experience.
b. Jamison would need to establish probable cause that the fruits of a crime were likely present or his safety was in jeopardy.
c. Jamison will need to show clear and convincing evidence of criminal activity.
d. Jamison can rely on the totality of circumstances.

Answer

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