Reasonable Suspicion & Terry Stops Flashcards
The key focus of Terry Stops
Reasonableness
Elements of a Terry Stop - Seizure
Reasonable suspicion to believe that criminal activity is afoot
Elements of a Terry Stop - Search
Reasonable suspicion to believe that the person is armed and presently dangerous
The extent of Terry Stop
Only to stop-and-frisk on the streets
Dunaway v. NY
Police cannot bring a suspect into police station only based on reasonable suspicion
Reasonable suspicion v. probable cause
probable cause relies on objective circumstances and evidence, whereas reasonable suspicion is closer to an inclination, rather than evidence
Tips regarding reasonable suspicion
Same as tips for Illinois v. Gates
Look at the totality of the circumstances
Alabama v. White
Tips based on reasonable suspicion is dependent upon both the content of information possessed by police and its degree of reliability
Does not need to be as accurate as probable cause
Illinois v. Wardlow
A police officer may conduct a stop and frisk on reasonable suspicion based on the fact that the person may be armed and pose a threat
Here, police also looked at the fact that the suspect was in a bad neighborhood and he fled
Factors that can increase reasonable suspicion
1) bad neighborhood
2) person is armed
3) flees at police
4) person is threatening
Protective sweeps
Permitted to without a warrant, must look where someone would reasonably hide
Maryland v. Buie
Protective sweeps without a warrant are fine as long as they are reasonable where someone would hide
U.S. v. Place
If authorities possess specific facts that warrant a belief that the narcotics remain in the luggage, they may briefly check them in
90 minutes is too little
Administrative searches focus on
the difference between community caretaking vs. law enforcement
Camera-See doctrine
government officials may not enter residences and commercial buildings for administrative code violations unless they have an administrative warrant
New York v. Burger
Camera-See doctrine has an exception when the interests of the owner are weakened and when the government interests are heightened they can come in without a search warrant
Special Needs Test
public school teachers may search a student without a warrant if:
1) there are reasonable grounds for suspecting the search will turn up evidence the student has/is violating the law or school rules
2) the search is not excessively intrusive considering the age and sex of the student and the offense
Special needs doctrine
applies to border, airport, and other special circumstances
New Jersey v. TLO
sets out the special needs test
Stafford v. Redding
Found that the strip search of a 13-year-old for Advil is too much and not permitted
U.S. v. Ramsey
A person can be stopped and belongings searched without a warrant, in the absence of wrongdoing, pursuant to the protection of the nation
U.S. v. Martinez-Fuentes
Roving border patrols without individualized suspicion are not permitted
Border questioning at the interior randomized
Michigan v. Sitz
Sobriety checkpoints on the road are constitutional because they are for the protection of the general public and that is reasonable
Indianapolis v. Edmond
DUI checkpoints are NOT extended to checkpoints for crime control, this is NOT about public safety, but about crime control
Exceptions of checkpoints for crime control
Bomb threats, child abductions, etc.
