Reasonable Suspicion & Terry Stops

Question 1

The key focus of Terry Stops

Answer 1

Reasonableness

Question 2

Elements of a Terry Stop - Seizure

Answer 2

Reasonable suspicion to believe that criminal activity is afoot

Question 3

Elements of a Terry Stop - Search

Answer 3

Reasonable suspicion to believe that the person is armed and presently dangerous

Question 4

The extent of Terry Stop

Answer 4

Only to stop-and-frisk on the streets

Question 5

Dunaway v. NY

Answer 5

Police cannot bring a suspect into police station only based on reasonable suspicion

Question 6

Reasonable suspicion v. probable cause

Answer 6

probable cause relies on objective circumstances and evidence, whereas reasonable suspicion is closer to an inclination, rather than evidence

Question 7

Tips regarding reasonable suspicion

Answer 7

Same as tips for Illinois v. Gates

Look at the totality of the circumstances

Question 8

Alabama v. White

Answer 8

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

Question 9

Illinois v. Wardlow

Answer 9

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

Question 10

Factors that can increase reasonable suspicion

Answer 10

1) bad neighborhood

2) person is armed

3) flees at police

4) person is threatening

Question 11

Protective sweeps

Answer 11

Permitted to without a warrant, must look where someone would reasonably hide

Question 12

Maryland v. Buie

Answer 12

Protective sweeps without a warrant are fine as long as they are reasonable where someone would hide

Question 13

U.S. v. Place

Answer 13

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

Question 14

Administrative searches focus on

Answer 14

the difference between community caretaking vs. law enforcement

Question 15

Camera-See doctrine

Answer 15

government officials may not enter residences and commercial buildings for administrative code violations unless they have an administrative warrant

Question 16

New York v. Burger

Answer 16

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

Question 17

Special Needs Test

Answer 17

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

Question 18

Special needs doctrine

Answer 18

applies to border, airport, and other special circumstances

Question 19

New Jersey v. TLO

Answer 19

sets out the special needs test

Question 20

Stafford v. Redding

Answer 20

Found that the strip search of a 13-year-old for Advil is too much and not permitted

Question 21

U.S. v. Ramsey

Answer 21

A person can be stopped and belongings searched without a warrant, in the absence of wrongdoing, pursuant to the protection of the nation

Question 22

U.S. v. Martinez-Fuentes

Answer 22

Roving border patrols without individualized suspicion are not permitted

Border questioning at the interior randomized

Question 23

Michigan v. Sitz

Answer 23

Sobriety checkpoints on the road are constitutional because they are for the protection of the general public and that is reasonable

Question 24

Indianapolis v. Edmond

Answer 24

DUI checkpoints are NOT extended to checkpoints for crime control, this is NOT about public safety, but about crime control

Question 25

Exceptions of checkpoints for crime control

Answer 25

Bomb threats, child abductions, etc.