Erosion of the Warrant Requirement: the Reasonableness Clause

Question 1

What is the Rule from Terry v. Ohio?

Answer 1

Where a police officer believes criminal activity to be afoot and that the suspects may be armed and dangerous, she may conduct a carefully limited search of the outer clothing in an attempt to discover wepaons

Question 2

When does seizure of a person occur?

Answer 2

When law enforcement restrains suspects liberty “by means of physical force or a show of authority”

Question 3

Elements of a Terry Frisk: (3)

Answer 3

1. Lawful stop: facts more than mere hunch
2. Reasonable Suspicion of Danger: that a person is armed and dangerous
3. Scope of Search: limited to a pat down of the outer clothing specifically aimed at finding weapons

Question 4

What is a Terry stop?

Answer 4

Reasonable suspicion to think there is criminal activity

Question 5

What is the Rule from Dunaway v. NY? (full seizure of a person)

Answer 5

Where police pickup a suspect at a neighbors house and bring him in for questioning, this constitutes a full seizure under the 14th Amendment and must be supported by probable cause: reasonable suspicion is not enough

Question 6

What is the Rule from US v. Mendenhall?

Answer 6

4th Amendment occurs when a reasonable person would believe that he is not free to leave police custody (airport case)

Question 7

What is the Rule from California v. Hodari D?

Answer 7

Seizure by show of authority (rather than physical force) requires “submission” to ripen into a seizure. Thus, a suspect who runs away is not yet seized