Terry v. Ohio Case Project | | | | | Victoria Swannegan | 12/2/2010 | | In 1968 a case called Terry v. Ohio took place. This case made a big impact on the police departments of the United States by giving officers more reasons to make an arrest. A "Terry Stop" is a stop of a person by law enforcement officers based upon reasonable suspicion that a person may have been engaged in criminal activity‚ whereas an arrest requires probable cause that a suspect committed a criminal
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Amendment rights were violated and thus his suppression motion should be granted. The Fourth Amendment of the U.S. Constitution states: The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized. U.S. Const. amend. IV The Fourth Amendment
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certain person is suspicious of a criminal act he or she should be able to search the individual. People should understand that they have to give up some rights for their own safety. The thought of someone getting away for the mere fact that an authority could not find an adequate legal reason to search; even though there could be doubt enough to catch the criminal should be enough for every innocent individual to consent search upon themselves. The exclusionary rule is not helping the innocent people
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individual detains the person and runs his hands lightly over the suspect’s outer garments to determine if the person is carrying a concealed weapon or contraband. One of the most controversial police procedures is the stop and frisk search. This type of limited search occurs when police confront a suspicious person in an effort to prevent a crime from taking place. The police frisk (pat down) the person for weapons and question the person. Stop and frisk was adopted from the English command law by
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Laura Disla English 201 Professor Langrone 04/03/12 Stop and Frisk Stop and frisk is a program that the New York Police Department uses to stop and search anyone who looks suspicious. Police can stop and frisk anyone without a warrant. This topic is causing many controversies because of the excessive numbers of arrest. A disproportionate number of people of color especially African America and Hispanics are unreasonably stopped and searched simply for looking suspicious. They are the one
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searches and seizures.” This means that if a government official or police officer wants to search your person or your property‚ he/she cannot do so without a judicial warrant and/or probable cause. · Back during the colonial era‚ King George would often give British soldiers “writs of assistance.” These were extremely broad search warrants that essentially allowed British troops to walk into anyone’s property for any reason without notice. British troops were allowed to search a property
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argued that any DNA evidence taken from the scene is compromised and therefore any scientific evidence or expert opinions relating to this would be prejudicial. Another example could be that law enforcement did not procure proper search warrants before a search and seizure; therefore‚ all evidence gathered resulted in an improper discovery and should be excluded since it violates
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and search a “suspicious character” if they deem him/her to be as such. They don’t need a warrant‚ or see you commit a crime. 5They simply need to deem you “suspicious” to violate your 4th amendment rights without repercussions. Since its inception‚ New York City’s stop and frisk program has drawn much controversy stemming from the disproportionate rate of arrest. While the argument that the program violates an individual’s 4th amendment right of protection from unreasonable search and seizure could
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privacy along with search and seizure restrictions that apply in public schools‚ but‚ the Courts give school officials and police more flexibility to conduct searches in school. In this case and law review you will learn about two different cases where Courts balance a student’s privacy rights against the school’s interest in safety and student discipline. This means that students often have less protection against what they might perceive as unreasonable searches and seizures at school‚ than in
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from a judge to use the device. However‚ if it is for a not life threatening emergency like locating a thief or something where someone is not going to die‚ the Police have to get a warrant from a judge. It can be compared to getting a warrant to search
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