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ON STOPS, FRISKS, AND TRESPASS To the editor: I am writing to clarify certain comments attributed to me in the article about Virginia v. Hicksthat appeared in the April 28 issue of your publication [" Do Not Enter," Page 1]. There are three specific comments I would like to clarify for the record. The clarifications might seem overly technical and of not much consequence to your readers. Yet the subtleties are very important for the Richmond Police Department and those well-versed in the principles of criminal law. First, the article attributed to me the comment that the trespass policy allows police officers to “stop people who they don’t recognize as residents.” However, in my interview, I used the word approach, not stop. The difference is that a person who is approached by a police officer is free to walk away, whereas a person stopped by police is not free to leave. Second, it also attributed to me the comment that “police may not search someone unless they have ‘reasonable suspicion’ that the person may be armed and dangerous.” However, in my interview, I used the word frisk, not search. The difference is that a frisk is a pat down of the exterior clothing of a person based on reasonable suspicion. A search goes further than a frisk and includes looking in pockets, etc. Reasonable suspicion does not justify a search. An officer needs probable cause (and a warrant or an exception to the search warrant requirement) to search a person. Finally, it attributed to me the comment that after the Virginia Court of Appeals decision, “the city told its police officers that they could no longer enforce the trespass policy at Whitcomb Court.” However, in my interview, I said police officers could no longer enforce the trespass policy at Whitcomb Court by using the Richmond Redevelopment Housing Authority list of banned persons to satisfy the notice requirement of the trespass statute and that officers could no longer enforce the trespass policy on the streets and sidewalks of Whitcomb Court. I also said that officers could still enforce trespass violations on RRHA property if the officer could otherwise satisfy the requirements of the trespass statute. Alicia R. Zatcoff Legal Adviser Richmond Police Department Richmond, Va.

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