These questions along with the case law that stop question and frisk guidelines are derived from will be examined. In order to do a full analysis of stop question and frisk we must first fully understand exactly what it is and what is allowed during this procedure. As stated before stop question and frisk is done in order to prevent or a crime or to apprehend someone who has committed a crime. As stated in the New York penal law in order to stop an individual a police officer needs reasonable suspicion to believe that the individual in question has committed a crime. During the stop if the officer has reasonable suspicion to believe that the person is armed, that officer can frisk only the area where he believes the person is armed.
After finding out that one of the suspects was detained, I would take each witness over to the squad car and let them have a chance of seeing if that is one of the suspects. (Without the suspect seeing them of course). This would also determine whether to make a preliminary arrest and would also justify a search of the suspect’s car and property. While still at the liquor store I would view all surveillance videos and try to see if the suspect detained is caught on videotape or at least try to see if his height and build match Next, what I would do is put the suspects in a lineup and have the witness/victim make a positive identification. Before the lineup is done, whether physical or photo, you have to explain to the victim/witness that the purpose of the lineup isn’t only for identification but to also exonerate the innocent.
Fourth Amendment Rights and Terry Stop Kathy Thomas CJL 2134 Criminal Procedure and the Constitution November 03, 2012 Do an Internet search and find a criminal procedure case that relies on the precedent set in Terry v. Ohio. Thoroughly explain the case and state exactly what the court in the case stated about Terry v. Ohio. The case must specifically cite Terry v. Ohio. Illinois v. Wardlow The defendant William Wardlow was stopped and frisked after looking at two police officers and then running from them in an area known for drugs and trafficking. The defendant was acting nervous with an evasive behavior and he was in a high crime area.
Code, Art. 27, ß594B (1996) (repealed 2001). A warrantless arrest of an individual in a public place for a felony, or a misdemeanor committed in the officerís presence, is consistent with the Fourth Amendment if the arrest is supported by probable cause. United States v. Watson, 423 U. S. 411, 424 (1976); see Atwater v. Lago Vista, 532 U. S. 318, 354 (2001) stating that if an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the
What are the three levels of contact between an officer and a citizen? What level is the officer at and what level of information is needed to make such a request? 2. You have a valid warrant to pick up a suspect on auto theft. You go to his residence to arrest him.
1. Stop and Frisk on the Streets: Police officers have the authority to make a stop and searches of individuals in the streets. In the Terry v. Ohio (1968) the Court upheld the stop and frisk procedure when a police officer believed the person might be suspicious. The Court requires specific facts to exist in each situation in order for a stop and frisk to be permissible. A police officer is entitled for the protection of themselves and others in area to conduct a careful limited search of outer clothing.
Probable cause refers to fact or evidence that would make a reasonable person believe that a crime or wrong doing has been , is being or will be committed . Probable cause must exist for a law enforcement officer to make a arrest without a search , search with out a warrant or seized property in the belief that the items seized are evidence of a crime . This would be know as warrantless searches . (dictionary.law.com) Two types of warrantless searches are vehicle searches and searches of any school , office building , and prisons . For example Vehicle searches are permitted without warrants providing the officer conducting the search has probable cause to do so in which the officer must provide this evidence to a judge .
The criminal justice process begins when an officer informs a person that they are under arrest. An arrest is when a person is taken into police custody, and is no longer free to move about as they please. Handcuffs and physical restraint are not necessarily used, but as a precaution, officers usually utilize handcuff’s to prevent the escape of a suspect. The key to an arrest is the ability of officers to exercise authority over an individual, and that person’s submission whether voluntary or involuntary. An arrest is called a custodial arrest and defined as an officer taking into custody a person pending criminal charges, and the individual’s right of locomotion is restricted.
Police Report 1 Police Report University of Phoenix Police Report 2 Police Report The Fourth Amendment Right protects all Americans from the police officers or other law officials from searching their home, person or property with having a search warrant. Police Officers are able to search a person or their belonging when there is probable cause such as a person covered in bloody running away from an individual lying out on the sidewalk. The court case Minnesota v. Riff made information that was obtain by officer in an unlawful search to be inadmissible during any court proceedings. The effective communication was challenged in this court case because each and every one of the witnesses had a different testimony that place the
The legal requirements that they have to follow are based on the evidence that is present looking into the physical signs of the aggressors. Normally when the arrival of an officer they will look into the argument s meaning the pointing finger as to who did what. An officers has to follow the procedures in their stat normally there is a mandatory arrest when dealing a domestic situation (Hess Orithmann, C. and Hess, K.M., 2013, p.311). What physical or photographic evidence should be obtained in this