Stop and Frisk

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  • Topic: Terry v. Ohio, Frisking, Reasonable suspicion
  • Pages : 2 (431 words )
  • Download(s) : 318
  • Published : February 1, 2011
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Stop and Frisk

Terry v OH (1968) is the primary case that defines this area of law. From this case we get the influence of the principle of “reasonable suspicion” in authorizing a “Terry Search”. (p. 253) There is precedence for Stop and Frisk before Terry, but it is not in the form of case law. For example the Uniform Arrest Act (1942) delineates similar circumstances. The facts of the Terry case are found on pp. 253-254. The holding and rationale follow on p. 254. The essence of the case was that the Terry Stop was not an arrest so, probable cause was not implicated. It was a non-arrest detention and reasonable suspicion was adequate to authorize a cursory pat down of the subject(s) clothing to ensure the safety of the officer. Terry raises 4 distinct questions:

1. What is the definition of a “stop” and therefore “seizure”? 2. What is the justification necessary for a stop or for lesser seizures? 3. What is the necessary justification for a frisk?

4. What is the scope of the frisk?
The definition of seizure and stops is addressed, beginning on p. 255. The following cases are brought to bear on the subject:
1. Terry
2. CA v. Hodari D (1991)
3. US v. Mendenhall (1980)
4. FL v. Royer (1983)
5. INS v. Delgado (1984)
6. MI v. Chesternut (1988)
The “Reasonable Suspicion” standard is address, beginning on p. 262. Relevant cases include:
1. Sibron v. NY (1968)
2. Peters v. NY (1968)
3. US v. Brignoni-Ponce (1975)
4. DE v. Prouse (1979)
5. Brown v. TX (1979)
6. US v. Mendenhall (1980)
7. Reid v. GA (1980)

Some Seizures have been successfully argued to be legitimate without reasonable suspicion. These include: 1. Roadblocks (p.268)
2. Seizures of car Occupants (p.272)
3. Regulatory “inspections” (p.273)
4. Stops for Loitering (p.274)
Sources for information that support the building of reasonable suspicion include informants, police flyers and profiles (pp. 276-279)

The types...
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