Search and Seizures Cases - General Flashcards
Reasonableness Clause – Diminishing Role of Warrants and PC
Reasonable Suspicion
- United States v. Arvizu
- Kansas v. Glover
- Florida v. JL
Reasonableness Clause – Diminishing Role of Warrants and PC
The Stop and Frisk Doctrine
Terry v. Ohio
Terry v. Ohio (1968)
Rule:
The Court permits law enforcement to
- stop an individual when they have reasonable suspicion that criminal activity is afoot
AND - conduct a reasonable search for weapons for the protection of the police officer, where he has a reason
to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime.
Terry v. Ohio (1968)
Standard
- Reasonable suspicion: Officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.
- And in determining whether the officer acted reasonably . . . Due weight must be given not to his inchoate and unparticularized suspicion or hunch, but to the specific reasonable inferences which he is entitled to draw from the facts in light of his experience.
Terry v. Ohio (1968)
Scope
Must be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer
The Terry Framework – Stop/Seizure
Is there a seizure?
- Determined by whether….
a “reasonable person would feel free to decline the officers’ requests or otherwise terminate the encounter.”
The Terry Framework – Stop/Seizure
- Is the a seizure?
- If the answer is no.
hen the person isseized under the 4th Amendment, then must determine whether the seizure is reasonable
The Terry Framework – Stop/Seizure
Supported by reasonable suspicion?
Whether a reasonable person with similar police experience would believe that a crime has been committed or will be committed based on totality of circumstances.
The Terry Framework – Stop/Seizure
Supported by reasonable suspicion?
If yes
hen the seizure is reasonable so long as: it is a Stop conducted within permissible scope
The Terry Framework – Stop/Seizure
Stop conducted within permissible scope
stop may “last no longer than is necessary to effectuate that purpose” of the stop.
The Terry Framework – Stop/Seizure
Stop conducted within permissible scope
- If yes
valid Terry Stop
The Terry Framework – Stop/Seizure
Stop conducted within permissible scope
- If no
then it requires probable
cause to be a reasonable seizure
The Terry Framework – Frisk/Search
3 things needed for a lawful terry stop (reasonable seizure)
- reasonable person not free to leave
- reasonable suspicion that criminal activity is afoot
- limited in time to the time necessary to effectuate the purpse of the stop
The Terry Framework – Frisk/Search
As a lawful Terry stop, police may
conduct a frisk of the person’s body/clothes, but only for weapons, not for evidence. If they feel something that can be a weapon, can remove from clothing and seize
The Terry Framework – Frisk/Search
If the Terry Frisk results in contraband (weapon or
other contraband),
he reasonable suspicion turns
into probable cause and police may arrest individual
Reasonable Suspicion
- United States v. Arvizu
- Florida v. JL (this class)
- Kansas v. Glover
The Terry Doctrine and Its Blurred Lines
Drawing the Lines – Terry Stop v. De Facto Arrests and Non-Seizure Encounters
- Dunaway v. New York
- Florida v. Royer
- United States v. Drayton
- Rodriguez v. United States
