2. “Investigating Potential Terrorist Activity:” Read the scenario and respond to the questions:
Scenario: Detective Smith has had a young Middle Eastern–appearing male under surveillance as a suspected terrorist. She has followed him for several days and has observed him buy a newspaper from a machine every morning, walk to the state capitol building several times each day and take pictures from various angles, enter the building, and come out shortly. He then returns to an inexpensive motel on the edge of town. He has visits from other Middle Eastern–appearing young males who bring him packages. He does not appear to be employed but wears expensive clothing and eats at expensive restaurants. On this particular day, she sees that the suspect is carrying a briefcase, something he has not done before.
He goes directly to the state capitol building and enters. Approximately one hour later, he comes out, but without the briefcase.
Questions: Does Detective Smith have reasonable suspicion to stop the suspect and question him? If so, based on what? (Support your decision – case law would be good for that.)
In your reply responses, based on your classmate’s post, consider – on the police/prosecution side, what should be the next step? Or consider, from a defense viewpoint – was this a valid arrest?
