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What effect does the terry v. ohio case have on the rules of stop and frisk?

2007-09-07 05:02:35 · 2 answers · asked by Anonymous in Politics & Government Law & Ethics

2 answers

1. The Fourth Amendment right against unreasonable searches and seizures protects people, not places, and therefore applies as much to the citizen on the streets as well as at home or elsewhere.

2. The exclusionary rule cannot properly be invoked to exclude the products of legitimate and restrained police investigative techniques; and this Court's approval of such techniques should not discourage remedies other than the exclusionary rule to curtail police abuses for which that is not an effective sanction.

3. The Fourth Amendment applies to "stop and frisk" procedures .

(a) Whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person within the meaning of the Fourth Amendment.

(b) A careful exploration of the outer surfaces of a person's clothing in an attempt to find weapons is a "search" under that Amendment.

4. Where a reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous regardless of whether he has probable cause to arrest that individual for crime or the absolute certainty that the individual is armed.

(a) Though the police must whenever practicable secure a warrant to make a search and seizure, that procedure cannot be followed where swift action based upon on-the-spot observations of the officer on the beat is required.

(b) The reasonableness of any particular search and seizure must be assessed in light of the particular circumstances against the standard of whether a man of reasonable caution is warranted in believing that the action taken was appropriate.

(c) A search for weapons in the absence of probable cause to arrest must be strictly circumscribed by the exigencies of the situation.

(d) An officer may make an intrusion short of arrest where he has reasonable apprehension of danger before being possessed of information justifying arrest.

2007-09-08 08:37:17 · answer #1 · answered by Anonymous · 0 0

If you don't have probable cause to stop, be very careful
in your actions. the particular circumstance in question
seemed to justify the cop's actions...IE, a [potential] robbery in progress.

2007-09-07 05:48:35 · answer #2 · answered by sirbobby98121 7 · 0 0

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