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Can a police officer detain a suspect without a warrant?
Yes, a police officer can detain a suspect without a warrant if they have reasonable suspicion that the suspect has committed a crime or is about to commit a crime. This is known as a "Terry stop" based on the Supreme Court case Terry v. Ohio.
What is the case of Michigan v Long about?
Michigan v. Long, 463 U.S. 1032 (1983), was a decision by the United States Supreme Court that extended Terry v. Ohio, 392 U.S. 1 (1968) to allow searches of car compartments during a stop with reasonable suspicion.
Who was the defendant in Terry v Ohio?
In the US Supreme Court case, Terry v. Ohio, 392 U.S. 1 (1968), the respondent (like a defendant) in the case was the State of Ohio. John W. Terry was the petitioner or appellant (like a plaintiff).Terry was appealing his criminal conviction in People v. John W. Terry, 95 Ohio L. Abs. 321 (Court of Common Pleas of Cuyahoga County 1964), in which Terry had been the defendant and the State of Ohio had been the plaintiff.
What is required for a police officer to pat down a person stopped on the street?
A police officer can stop and detain a person if the officer has a reasonable suspicion the person is involved in a crime. Performing a "pat down" requires an additional level of suspicion that the person may be carrying a weapon that could be used to harm the officer. Examples could includethe person detained is a known or apparent member of a gang that routinely carries firearms,the person fits the description of a suspect in an armed robbery where a firearm was displayed or used,the person has a bulge in their clothing characteristic of a weapon.Reasonable suspicion to stop and detain does not, in itself, amount to the level of suspicion required to do a pat down for weapons.
Terry v Ohio is a court case that centered on interpretation of the?
fourth amendment
Does a criminal history warrant reasonable suspicion?
Reasonable suspicion is a Fourth Amendment constitutional standard that can be based on multiple factors. Stemming from the 1961 landmark case in Terry v. Ohio, a police officer may only stop, seize or otherwise detain a person if that officer can point to specific and articulable facts that the person seized has, is, or will violate the law. Specific facts don't have to be legal violations themselves and are often only tenuously related to any potential legal violations. Courts often cite time of day, whether the person stopped is in a "high crime area," and whether a person appears nervous as factors supporting reasonable suspicion for a stop. Reasonable suspicion cannot be based on a mere hunch of the officer. Generally, an officer's knowledge that someone has a criminal record would not in and of itself rise to reasonable suspicion for a stop. However, in combination with other factors, such as proximity to another crime, or other "suspicious" behavior, criminal record can be relevant in determining whether reasonable suspicion for a stop. Ultimately, any such question will be up to a judge who reviews whether a reasonable police officer under the totality of the circumstances had sufficient facts to believe the person stopped had or was violating the law.
Is Terry v. Ohio a criminal case?
Terry v. Ohio, 392 US 1 (1968)John Terry's trial (State of Ohio v. John W. Terry) was a criminal case, but the US Supreme Court case (Terry v. Ohio) involved police procedure as applied under constitutional law. Terry wasn't on trial before the Supreme Court; the Court reviewed whether Terry's Fourth Amendment protection against unreasonable search and seizure had been violated and, if so, whether the evidence in his criminal case should have been suppressed under the Exclusionary Rule.If the the Supreme Court had held in Terry's favor, instead of Ohio's, the conviction would have been vacated and the case remanded to the trial court for a new trial, at which time it would have become a criminal case again.For more information, see Related Questions, below.
What case supports drug testing of police offers?
Marice Turner v. Fraternial Order of Police (on reasonable suspicion)
Which amendment centered on interpretation of terry v. Ohio court case?
The Fourth Amendment
Who were the unofficial reporters in the Terry v Ohio case?
oh nonsense people think bettere
When was stop and frisk created?
The "stop and frisk" policy was formalized in New York City in the late 1960s, with its legal foundation stemming from the 1968 Supreme Court case Terry v. Ohio. This case allowed police officers to stop and question individuals based on reasonable suspicion and to conduct a limited search for weapons. Over the years, the policy expanded significantly, particularly in the 1990s, leading to widespread debate and criticism regarding its implications for civil rights and community relations.
Can police pat you down without charging you?
A law enforcement officer may perform a 'pat down' on the outer clothing of an individual when performing a stop for investigation on the street, if the peace officer feels that their safety may be is in jeopardy.The officer may also perform a 'pat down' if he/she has reasonable suspicion of the individual's immediate criminal intent and/or the individual's involvement with a past criminal activity; (the individual may match a suspect's description, or the individual may be in the vicinity of a recent crime scene, and the peace officer has reasonable suspicion of the individual's involvement).Added: This is referred to as a "Terry stop" referring to the US Supreme Court case "Terry v. Ohio" which ruled that such a stop and frisk IS Constitutional.
