For the Defense - Vol. 4, Issue 4 - 34

Challenging Hunches
	
The purpose of an RTK request is not to find
and locate every individual who has been stopped by
the police and see if their interaction mirrors that of
the client. Rather, the focus is on understanding why
the officers are doing what they are doing. While the
Commonwealth relies on the legal concept that the
totality of the circumstances establishes reasonable
suspicion, a defendant has the right to question
an officer about each individual circumstance. To
competently question an officer, we must track down
and identify the data and information that police
rely on in drawing their conclusions that a particular
action of a defendant raises the level of suspicion.
If we continue to question the foundation of the
officers' decision-making, we can ensure that the
stops and arrests made by police are supported by
facts and data, not speculation and hunches.

Click here to view and/or print the
full notes section for this article.

About the Author
Jonathan R. White is an
attorney at Dethlefs-Pykosh
Law Group, LLC. He is the senior
criminal defense attorney for
the firm. He received his J.D.
in 2012 from Widener School
of Law in Delaware. He is a
former Dauphin County Public
Defender and practices in Central Pennsylvania
and the Middle District. Jon also coaches the
Widener University Commonwealth Law School
Interscholastic Criminal Moot Court competition.
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For the Defense - Vol. 4, Issue 4

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