Can police detain/seize you simply for living in a high-crime area?
While crime is often the result of poverty, being poor is not a crime. However, once a neighborhood is labeled a “high-crime area,” police often become hypervigilant to signs of criminal activity. But does this label alone give police a reason to detain/seize community members that live in these neighborhoods?
In Matter of Welfare of E.D.J. (1993), the Minnesota Supreme Court tackled this question.
The case involved three individuals who were standing on a street corner known to police as an area used by drug dealers. When the men saw the police car coming toward them, they turned and started walking away. The officers pulled up behind the men and ordered them to stop. E.D.J., one of the men, continued walking. After dropping something on the sidewalk, E.D.J. finally stopped and turned around to face the police. The officers discovered that E.D.J. had tried to dispose of crack cocaine. As a result, the State charged and convicted E.D.J. of 5th degree possession of drugs.
E.D.J.’s defense attorney appealed the case and argued that the officers violated his 4th Amendment rights because he was improperly detained/seized without any basis. The Minnesota Supreme Court agreed.
The Court first examined when the initial detention/seizure occurred. The Court concluded that the officers detained/seized E.D.J. when they commanded him to stop. At that point, the officers had used their authority and a reasonable person would not have felt free to leave.
The Court then looked at whether the officers had a constitutional basis for detaining/seizing E.D.J.. In other words, did the officers have reasonable suspicion that E.D.J. was involved in criminal activity? The Court found that the officers’ knowledge that the street corner was a high-crime area did not give them reasonable suspicion. Simply being in a high-crime area is not a sufficient basis for a stop.
Therefore, the Court ruled that the detention of E.D.J. was illegal. Since E.D.J. disposed of the cocaine after he was unlawfully detained, the evidence could not be used by the State and his conviction was overturned.
Everyone should be able to spend time outside in their neighborhood without fear of an unwarranted police interaction. If you are a victim of an unlawful detention, we are here to help. As a community, we need to protect one another and stand up for our constitutional rights. Failing to do so results in diminished rights for us all.
Today, it is not enough to simply know your rights; you need to understand how Courts have interpreted those rights in the past to understand how they apply to you today.
To protect your freedom, understand your rights.
[1] Matter of Welfare of E.D.J., 502 N.W.2d 779 (1993)
Legal Disclaimer: This information is provided for educational purposes and is not legal advice. If you have questions regarding a legal matter, please contact our office for assistance or reach out to an attorney who may be able to help you understand how the law may apply to different circumstances.