context: Thus, the majority has given priority over all other considerations to an officer's perception of personal safety, as Judge Ferren points out in his separate opinion, in a context where the officer had "no discernible basis whatsoever ... for seizing any passenger of the car."
citation_a.signal: see
citation_a.identifier: 589 A.2d 895, 897
citation_a.parenthetical: "The central inquiry in every Terry stop controversy is whether, given the totality of the circumstances at the time of the seizure, the police officer could reasonably believe that criminal activity was afoot"
citation_a.sentence: Post at 110. But, in Terry, supra, the Court specifically rejected “inarticulate hunches” and “simple good faith” of the officer as sufficient bases for “intrusion upon the constitutionally protected interests of the private citizen,” observing that “[i]f subjective good faith alone were the test, the protections of the Fourth Amendment would evaporate, and the people would be ‘secure in their persons, houses, papers and effects,’ only in the discretion of the police” (quoting Beck v. Ohio, 379 U.S. 89, 97, 85 S.Ct. 223, 229, 13 L.Ed.2d 142 (1964)). 392 U.S. at 21-22, 88 S.Ct. at 1879-80; see Duhart v. United States, 589 A.2d 895, 897 (D.C.1991) (“The central inquiry in every Terry stop controversy is whether, given the totality of the circumstances at the time of the seizure, the police officer could reasonably believe that criminal activity was afoot”) citing Terry, supra, 392 U.S. at 30, 88 S.Ct. at 1884. Under the en banc majority's new analysis, for certain citizens in certain parts of the District of Columbia, associational and locational taints will suffice; protection under the Fourth Amendment will be at the police officer’s discretion.
citation_b.signal: but see
citation_b.parenthetical: rejecting associational and locational taints as sufficient justification for a Terry stop
citation_b.sentence: But see Smith v. United States, 558 A.2d 312 (D.C.1989) (en banc) (rejecting associational and locational taints as sufficient justification for a Terry stop).