Question

In: Operations Management

What circumstances must be present for a stop and frisk to be applicable? What role does...

What circumstances must be present for a stop and frisk to be applicable? What role does Terry v. Ohio, 392 U.S. 1 (1968) have to play in the development of this exception? Give a current day example of a stop and frisk scenario.

Solutions

Expert Solution

Stop and frisk means the police officer has the right to stop an individual in which they have a reasonable basis to believe that crime may be afoot and the officer conduct a frisk for weapons.The level of proof that is required for a stop and frisk is Reasonable suspicion. Reasonable suspicion is a set of factual circumstances which lead a police officer to believe criminal activity is occurring.The police officer must communicate the reasons for the stop. For example, the factors include the suspect's actions, fleeing, frequency and type of criminal activity in the area, suspicious behavior etc.

Terry v. Ohio case established the rules for a stop and frisk. This case ruled that a stop and frisk didn't violate a person's fourth amendment rights. An officer needs probable cause before Terry and only needs reasonable suspicion after Terry.

For example, Johnny was driving away from a neighborhood known for its drug activity, when the police officer stops him. Although the officer had no probable cause to search his car, he had the right to search for weapons.The officer had reasonable suspicion that Johnny was acting illegally by driving a vehicle that was not properly registered and the officer searches Johnny's clothing for weapons, and discovers some small baggies of white pills stuffed in his jacket’s pocket and later Johnny is charged with drug related crime.


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