Terry Doctrine

Question 1

Terry v. Ohio (1968)

Answer 1

• Whenever police approach an individual and restrians his freedom to walk away, this detainment consitutes a seizure of that person
• exploration of outer surfaces of a person’s outer clothing in an attempt to find weapons constitutes a search

Question 2

Terry reasonableness test

Answer 2

Reasonableness of police’s interference with a defendant’s personal security by stop and firsk is a dual inquiry: (objective):
1. Whether police action was justified at its inception
2. Whether its reasonably related in scope to the circumstances which jsutified the interference in the first place

Question 3

When can officers do a stop and frisk?

Terry v. Ohio

Answer 3

When an officer is justified in believing that an individual whose suspicious behavior he is investigating at close range is armed and dangerous to the officer and others, police have the power to take necessary measures to determine whether the person is carrying a weapon and to neutralize the threat of physical harm

Question 4

U.S. v. Hensley (1985)

Answer 4

Brief warrantless seizures are allowed if police have a reasonable suspicion, grounded in specific articulable facts, that a person they enounter was involved in or is wanted for a completed felony

Question 5

Minnesota v. Dickerson (1993)

Answer 5

full/plain touch allows officers to pat/feel clothing on a person to determine whether they have weapons, but the search is limited to weapons

Question 6

Illinois v. Caballes (2005)

Answer 6

Using a drug dog doesn’t change the character of a traffic stop that is lawful at its inception and otherwise executed in a reasonable manner, unless the dog sniff itself infringed on constitutionally protected interests in privacy

Question 7

Adams v. Williams (1972)

Answer 7

Terry searches apply if police officers have reasonable suspicion based on hearsay

Question 8

Rodriguez v. U.S. (2015)

Answer 8

seizure that is justified solely by the interest of issuing a warning ticket can become unlawful if it is prolonged beyond the time reasonably required to complete that mission

Question 9

Dunaway v. New York (1979)

Answer 9

Except in cases of temporary stops on the street where the police only need reasonable suspicion of criminal activity, the police may only seize a citizen based upon probable cause

Question 10

Florida v. Royer (1983)

Answer 10

Warrantless search/seizure of a defendant is unreasonable if the detainment amounts to a de facto arrest
de facto arrest occurs when the defendant reasonably believe that they are detained

Question 11

Pennsylvania v. Mimms (1977)

Answer 11

When police legally stop a driver on the highway, police may order them out of their car without further justification

Question 12

Maryland v. Wilson (1997)

Answer 12

police can order passengers out of a car when they legally stop a driver on the highway

Question 13

U.S. v. Sharpe (1985)

Answer 13

To determine whether a dentention is too long to be justified as an investigative stop, courts consider whether the police diligently pursued a means of investigation that is likely to confirm/dispel their suspicions quickly, during which time it was necessary to detain the defendant