A ShotSpotter is a form of technology used by police to detect gunfire in densely populated urban areas. This alert system uses acoustic sensors that are installed or placed around a designated area to notify and detect gunshots. Id. The sensors detect gunshots via sound, and instantly notice police that a shot was detected and the area where the shot(s) occurred. Police are then able to respond to or intercept gun violence before responding to a 911 or similar call for emergency assistance. Law enforcement agencies typically install ShotSpotter systems in urban areas where there is a high volume of gun violence. This advanced ShotSpotter technology has influenced the way police officers develop the necessary reasonable suspicion to investigate suspected criminal activity.
Understanding Reasonable Suspicion in Gunfire Investigations
Reasonable suspicion is an objective legal standard whereby a reasonable police officer concludes, based on the totality of circumstance, that criminal activity is afoot. This standard is less than probable cause, which is required to conduct a search or an arrest. Reasonable suspicion must be based upon specific facts and reasonable inferences, which taken together warrant an objective belief that criminal activity is afoot. Where present, reasonable suspicion will constitutionally permit a police officer to perform a limited intrusion on one’s liberty interests, such as to conduct the stop of a pedestrian or a motorist. Terry v. Ohio, 392 U.S. 1 (1968). In some cases, police responding to ShotSpotter alerts will conduct follow-up investigations that involve the brief detention and/or questioning of people on scene or in the area where the shot(s) occurred. Massachusetts Courts have held reliance on ShotSpotter technology alone is not enough to establish reasonable suspicion. However, when viewed with other specific facts established through other independent investigative means, such as officer observations, information from witnesses, or otherwise, the totality of the circumstances may constitute reasonable suspicion for an officer to conduct a stop.
Legal Implications and Evolving Technology
ShotSpotter technology continues to evolve and improve in high crime areas, especially in densely populated cities and communities. Armed with this new tool, police will continue to rely upon and incorporate ShotSpotter alerts in their daily duties and criminal investigations. Understanding how the use of this and other technology intersects with constitutional law and criminal procedure will advance legal efforts to challenge police conduct in the court system through the filing of motions to suppress.
Get Legal Help If You’re Facing Firearms Charges
If you have been accused of a firearms offense and have questions about the use of ShotSpotter technology in your case, contact Massachusetts Criminal Defense Lawyer, John L. Calcagni III, for a free consultation at (508) 213-9113.