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.
Case Law Paper Last Friday, Thompson was arrested on reasonable suspicion for burglary of an inhabited dwelling, 459 PC. Reasonable suspicion was established in 1968 by the Terry v Ohio case. In the Terry v Ohio case an officer had observed 3 men “casing” a store. When the officer asked their name they had mumbled a response. The officer then spun Terry around while patting him down and found a weapon.
Terrance Taylor ADJ 4 Oliver Thompson 4-2-11 Terrancetaylor32@yahoo.com 951-316-2072 Case Law Oliver Thompson was arrested for 459 pc- Burglary of an inhabited dwelling, 12964 Bordeaux Court, Moreno Valley, CA. He was arrested March 27, 2011, and his bail was set at 50,000. Upon his arrest, Oliver was searched and a hand gun with altered numbers, and a silencer was found on him. 459 pc is burglary, which is entering a structure with the intent to commit a felony once inside. All though burglary is referred to as “breaking and entering,” prosecutors can charge you with this offense even if there is no forced entry of the structure.
They came to an apartment building where they smelled marijuana coming from one of the doors. After knocking and identifying themselves as the police, they heard noises that they described as shuffling as if to destroy evidence. Police then kicked the door in and entered the apartment. Upon entering the apartment, police found drugs in plain view. During another search, police found even more evidence.
Christine Blowe CJL 2134-2 Katz v. United States 389 U.S. 347 (1967) Facts: Katz was arrested and convicted of transmitting gambling information. The FBI had placed a wire transmitter on a public phone booth. With these recordings the FBI use them at trail. Procedural History: Katz wanted the evidence suppressed, because he felt like it violated the Fourth Amendment. The trail court had denied.
2. The dog walker and police officers clearly invaded the privacy of the defendants when (a.) She (the dog walker) came upon the defendants’ property in close enough proximity to the front door to hear the aforementioned “sounds of struggle”, and (b.) The officers breaching the seal of the residence and entering it, after hearing said “sounds of struggle”resulting in the charge and arrest of the defendants. As mentioned in the facts, the dog walker heard sounds of “two men fighting”.
So, we went to the sewer and found the purse. When we found it, we opened it up to see if there was an I.D. in it. Since there was an id in it, we took it to the nearest police station and turned it in. The police officers found the owner but it turned out that the owners were actually criminals that the police department had been searching for.
Right, who turned and ran to the back of the residence. The supervisor pursued him. Once in the house, the supervisor saw a scale and what appeared to be a large amount of cocaine and several small plastic baggies on the living room table. The supervisor arrested Mr. Right and charged him with possession with intent to distribute
The officer pats him down, finds an illegal gun, and arrests him. The stop was a legal stop. The Fourth Amendment applies to stop and frisk procedures like: (a) whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person within the meaning of the Fourth Amendment. (b) A careful exploration of the outer surfaces of a person's clothing in an attempt to find weapons is a "search" under that Amendment. (Terry vs Ohio) Also, when an officer is concerned about his safety and other individual’s safety, he
POLICE POWERS Name:___Jack National Diploma in Uniformed Public Services Now that we have run through the law relating to stop and search, answer the following questions: Under what can a police officer stop and search a person? (Refer to the relevant law) A police officer can stop and search a person under section 1 of PACE 1984 (Police and criminal evidence act 1984) What safeguards are in place to protect the rights of the person being stopped and searched? (Refer to the relevant law) Under section 2, subsection 3 of PACE 1984 it states that the officer must give their name and station and state the reason for their search. Also If a search takes place in public then the police can only request that the suspect removes