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Social Science
Law
Procedural Law
Stop and Frisk
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Terms in this set (22)
For the stop to be valid the officer must
Observe unusual conduct
Unusual Conduct defined
Conduct which leads the officer to reasonably conclude, in his experience that criminal activity is about to take place or has just taken place and the person with whom he is dealing may be armed and presently dangerous
In the course of investigating the suspicious behavior the officer must
Identify himself as a police officer
make reasonable inquiries
A frisk
A pat down of the outer clothing of the person in an attempt to discover weapons that might be used to assault him
Sole legal purpose for a frisk
officer safety
A temporary detention for investigation
Stop
A stop requires
reasonable suspicion
A full search into clothing, pockets would require
probable cause
a frisk is permitted if the officer has a
reasonable articulable suspicion of a weapon
during a frisk the officer is only justified to check for
weapons
during a frisk an object that feels like a weapon may be
properly seized
Stationhouse detention is used for
Fingerprints
photograph conduct police lineup
securing identification
other types of evidence
Drug curriers profile
a set of identifiers developed by law enforcement agencies describing the types of individuals who are likely to transport drugs
Minnesota v Dickerson
Officers can seize non-weapons contraband if it is immediately apparent that is contraband
Hayes v Florida
Reasonable suspicion is insufficient by itself to conduct a stationhouse detention for fingerprinting
Field detention for fingerprinting does not require
probable cause
U.S. v FLores v Montant
Conduct suspicion less inspections at the border includes authority to remove, disassemble, and reassemble a vehicle fuel tank
Louisiana v Benjamin
Unprovoked flight from a clearly identifiable law enforcement office while his waistband is reasonable suspicion to pursuit and stop
Louisiana v Alvarez
Suspect running after officer asking to talk to him is reasonable suspicion to stop
Articulable reasonable suspicion of criminal activity
Stop
Articulable reasonable suspicion of criminal activity + Stop+ Suspicion of Danger
Frisk
Articulable reasonable suspicion of criminal activity + Stop+ Suspicion of Weapon
Search
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