Validity of a Stop
What is the level of proof required for a terry stop?
Reasonable suspicion
What court case set the foundation for stop and frisk rules?
Terry v Ohio
What does seizure mean in the criminal justice system?
Taking of something
What is a frisk?
A search by feel of the outer clothing of a subject
How long may a terry stop last?
As long as a reasonable person may think is reasonable to conduct the terry stop.
What is the level of proof required for a traffic stop?
Reasonable suspicion
What court case included the "Plain Feel Doctrine"
Minnesota v Dickerson
What are officers allow to seize during a terry frisk?
Any contraband
What are officers allowed to do if they don't find any contraband during a frisk?
Nothing, they have found no probable cause to arrest or continue to detain the subject.
When can police officers force subjects of a frisk to answer questions
never
What level of proof is required for a driver to be ordered out of their vehicle during a traffic stop?
None, just the reasonable suspicion required for the stop.
Police may order a driver to exit the vehicle at any time during a traffic stop.
What amendment does search and seizure fall under
4th Amendment
What can people be forced to do during a terry stop?
Identify themselves, and allow the officer to frisk them.
Is race a factor of totality of the circumstances?
Yes, the supreme court changed the ruling so that race can be used in totality of the circumstances.
What do all officer use to determine if they have reasonable suspicion for a stop?
What did Florida v Royer rule?
Police may briefly detain a suspect based on reasonable suspicion, but the stop must be limited in scope and duration.
Are officers forced to arrest a subject if they find a weapon?
No
What can make a frisk illegal?
No reasonable suspicion for the stop or the search going beyond a simple frisk.
When may an officer be allowed to search a vehicle during a stop without probable cause?
If they have reasonable suspicion that the subject may be armed and dangerous with a weapon that they have quick access to.
What elements does a terry stop include?
stop and frisk
Unprovoked, flight in a high-crime area gives officers reasonable suspicion to conduct a terry stop under what court case?
Illinois v Wardlow
What may be seized in an arrest following a terry frisk?
Any contraband and the person theirself
What constitutes plain touch?
If the officer feels something that they reasonable believe to be a weapon during a terry frisk.
What did the courts determine when it comes to frisks in a residence during an arrest of an in-house suspect?
It is completely legal to do protective sweeps of residents that reside in the same house.