VI.(A) 4th Amendment - Stop & Frisk Flashcards
State the “stock & frisk exception”
The 4th amendment PROHIBITS UNLAWFUL SEARCHES AND SEIZURES. Generally, the 4th amendment right is not violated if there is a valid warrant or an exception to the warrant requirement.
A “stop & frisk” or “Terry Stop” is a permitted warrantless search.
What is required for a lawful “stop” (in a stop & frisk) to take place?
In order to stop a person, there must be an ARTICULABLE & REASONABLE suspicion of PAST, PRESENT, or FUTURE CRIMINAL ACTIVITY.
An articulable & reasonable suspicion of criminal activity is (1) a lower standard than PROBABLE CAUSE (required for arrest) and (2) based on OBJECTIVE FACTS.
Examples of such objective facts: wearing a large winter coat in the middle of summer or fleeing (but ONLY if in a high crime area)
What are the requirements DURING a “stop” (in a stop and frisk)?
It must be (1) no LONGER and (2) no MORE INTRUSIVE than REASONABLY NECESSARY
For example, a few minutes and non-intrusive questions (e.g., requesting oral identification) - such questioning does not require MIRANDA WARNINGS.
If sufficiently long or intrusive, the “stop” transforms into an arrest - requiring PROBABLE CAUSE
What is required for a lawful “frisk” (in a stop & frisk”)
(1) REASONABLE BELIEF person is PRESENTLY ARMED & DANGEROUS
(2) Scope: may PAT DOWN ONCE to discover a weapon
(3) Only if they ENCOUNTER AN ITEM that from a PLAIN FEEL seems like a weapon OR contraband, then they may reach inside closing to recover it (must have PROBABLE CAUSE)
What is required for a lawful “stop & frisk” during an auto-stop?
(1) Stop: (A) if there is a LAWFUL auto-stop then (B) NEED NOT be a SUSPICION OF CRIMINAL ACTIVITY to request that a driver and passenger step out of a vehicle
(2) Frisk (same as usual): REASONABLE BELIEF they are ARMED & DANGEROUS to conduct a frisk.
