Stop and Frisk Review Questions
Please choose a review question at the end of the chapter on Stop and Frisk (Chapter 4/6th Edition) and answer it. Be sure to copy the question first so we know which you are answering. You cannot answer the question answered by another person.
You must post your answer by Monday at 9 p.m..
posted by dfreeman @ 10:32 AM
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4 Comments:
Identify the three steps in the analysis used to decide whether stops and frisks are reasonable Fourth Amendment seizures and searches.
1. Was the action a stop or frisk?
2. If it was stop or frisk was it reasonable?
3. If it was unreasnable should evidence be excluded.
Question #8
Identify and describe three stages police encounters with individuals
The three stages police encounters with individuals are:Voluntary encounters, Stops and the third one is arrests.
Voluntary: without force and the fourth amendment doesn't apply.
Stops: brief, involuntary seizures in public and the fourth amendment requires reasonable suspicion.
Arrests:longer involuntary detentions usually in a police station and the fourth amendment requires probable cause.
#7-6th edition
Identify the three possible alternatives for applying the Fourth Amendment to stops and frisks, and explain why the US Supreme Court adopted alternative 3.
1-The fourth amendment applies only to full searches and arrests, so what officers do is left to their descretion.
2-Even brief street detentions are arrest, and pat-downs are searches, so the police can't do anthying usless they've got probable cause and
3-Stops and frisks are searches and seizures but they're minor ones so officers have to back them up with facts but they need fewer facts than they'd need to arrest and search.
The USSC choose number 3 because 1 and 2 are unacceptable. If officers can't take any action until they've got probable cause crime controls suffers because the suspects may never be seen again, but if the constitution doesn't apply at all to these street encounters, people on the street will be subject to the whims of police officers.
The Supreme Court balancing approach to stop and frisk requires weighing:
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