Stop and Frisk Flashcards
What is created in Terry v. Ohio (1968)?
The court creates the Stop and Frisk. It allows a lessor kind of search and seizure that relies on a lessor level of cause. This type of search/seizure requires a reasonable articulable suspicion of wrongdoing.
What can the police do under Terry v. Ohio during a Terry Stop?
When the police do a Terry stop or frisk, they are entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault.
This is allowed when the officer has reasonable articulable suspicion the individual may be armed and dangerous or criminal activity may be afoot.
Following the Terry stop and/ or frisk, the police have a reasonable amount of time to either:
1) Arrest with probable cause; or
2) Let them go.
Under U.S. v. Hensley (1985), do the police have to believe a crime is going to occur, or can they stop if they believe a crime has already happened?
Police can stoop an individual when they have reasonable articulable suspicion the person committed a felony in the past.
What is a seizure under Florida v. Royer (1983)?
When a reasonable person would feel that they are not free to leave. The factors that could be considered when determining if a seizure has occurred include: location; whether the police touched or restrained the individual; number of officers; demeanor of officers; tone of officers; length of time; told individual they could leave; weapons displayed.
What is the Mendenhall test for seizures?
A seizure occurs when a reasonable person believes that they cannot leave and the occupants were subject to the control by the display of an authority.
What is the Hodari D. Test for Seizures?
For a seizure under the 4th amendment requires either:
1) The laying on of hands and use of physical force to control the individual; or
2) Submission to the assertion of authority.
What is the Brendlin Test for if a seizure has occurred?
When the police stop a car, they have automatically seized everyone in the car.
What is the “Plain-Feel” Test?
The officer must gain enough probable cause from a simple frisk to know that the item was what they thought it was.
For example, in Minnesota v. Dickerson, the officer manipulated the drugs to determine if it was drugs. The court held this exceeded his allowance under the plain feel test.
Can the police do a frisk of the driver a vehicle anytime they want under Arizona v. Johnson?
No. When an officer pulls over a vehicle,, they are allowed to frisk the individuals within the vehicle for weapons when they have a reasonable articulable suspicion that individual was a threat.
