Terry Stops Flashcards
What is a 4th amendment seizure
exercising dominion or taking possession over a person or property or
Terry - when officer lays hands on the person a seizure occcurred b/c RPP wouldn’t feel free to leave
What is the minimum threshhold for seizure
Restrain of liberty, applied physical force, or citizen submits to show of authority
What is a Terry stop
when an officer may perform a search for weapons, without a warrant and without probable casue, b/c the officer has a reasonable articulable suspicion that the person may be armed and presently dangerous to the officer or others
What is reasonable articulable suspicion?
reasonable: RP with similar experience and knowledge as the officer;
articulable - must be able to articulate reasons to another person
Primary Rule from Bostick
Seizure doesn’t occur simply b/c officers stop to ask questions. Would a RPP feel free to terminate the encounter and walk away?
Facts from Bostick
2 officers boarded bus from Miami to Atlanta. Picked out D and asked to inspect his ticket and ID. then asked for consent to search luggage. C - wasn’t free to walk away b/c he was on bus, not b/c officer’s actions
Rule from Delgado
If freedom of movement is prohibited by factor independent of police conduct, no 4th amdt. seizure
Facts from Delgado
INS randomly visiting factors to ask employees questions about being illegal aliens. some officers stood near doors while others questioned
Facts from Drayton
Police search of bus passengers revealed drugs in D’s bags and on his person. 2 officers positioned at front of bus while one proceeded down aisle. passengers not required to cooperate. Requested permission to search bag, then found coke.
C - no show of force; under TOC was voluntary
Rule from Drayton
officers need not explicitly tell citizen that he is free to leave; TOC considered
Facts & rule from Hodari
petitioner and others fled after seeing patrol car. ordered to stop but did not, throwing a rock later identified as crack.
R - seizure occurrs when RP would not feel free to leave. Must be show of authority on officers part and either 1. you submit and 2. officer lays hands upon you.
FL v J.L. Facts & Rule
police were told by anonymous caller that armed black make in plaid shirt was standing at bus stop. Officers responded and found man at bus stop matching descrip along with 2 others. Officers frisked all 3/
R = insufficient grounds to search all 3 b/c no reasonable articulable suspicion for frisk/seizure
MI v Long Facts & Rule
F - pulled over for traffic violation, when he went to get registration officers see knife. Have reasonable articulable suspicion to search car. Find pot.
R - Terry principles apply to passenger compartment and trunk of vehicle if officer has reasonable articulable suspicion that a person may be armed and dangerous
