Terry

Question 1

What is the Reasonableness Clause?

Answer 1

Reasonable suspicion is a belief based on specific, articulable facts that a crime is occurring, has occurred, or is about to occur. This standard is more than a mere hunch but less than the probable cause required for arrests or warrants.

Question 2

What Is a Terry “Stop and Frisk”?

Answer 2

Two Step Process in which law enforcement officers:

1. Briefly detain a person based on reasonable suspicion of criminal activity (stop) AND
2. Under certain circumstances, conduct a limited pat down search for weapons (frisk)

Question 3

What is an investigatory detention?

Answer 3

When reasonable suspicion occurs based on articular facts, officers are allowed to detain a suspect to investigate them temporarily

Detainment: is a temporary and limited seizure of a person for investigatory purposes

Question 4

When a Terry Stop is Okay?

Answer 4

Brief detention with intention of investigating suspicious activity

Police officers can do a short investigatory stop: need reasonable suspicion that criminal activity is afoot or that the defendant previously committed a felony

Question 5

When a Terry Frisk is Okay?

Answer 5

Brief frisking with intention of investigating suspicious activity

If during investigatory stop an officer has an of objective reasonable belief that the person may be ARMED AND DANGEROUS, the officer may conduct a protective frisk for weapons

Question 6

What does suspicion that someone is carrying a gun justify?

Answer 6

1. Frisk after traffic stop, based on tip of a man with gun, was reasonable despite law permitting concealed carry
2. Presence of concealed weapon not sufficient to support reasonable suspicion because PA permits concealed carry