Scott R. Harvey Reasonable Suspicion Versus Burden of Proof in Current Policing Criminal Investigation 12S-CRJU-C312-A51 Dennis Thornton 14 January 2012 Abstract This paper will show how current “Stop and Frisk” (Terry Stop‚ SQF) methods exercised presently diverge greatly from the initial precedent allowed in Terry v. Ohio (1968) due to the inability to concretely define reasonable suspicion as well as the broad applications of reasonable suspicion since 1968. The most notable current
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either applying for or receiving public benefits‚ a policy that has been cut down in the courts before because the Fourth Amendment grants that every individual "be secure in their persons‚ houses‚ papers and effects against unreasonable searches and seizures." (Should Welfare Recipients be Drug Tested? para 1.) This paragraph explains that states are having difficulty passing this bill because the government feels that it violates American’s 4th amendment. Walters brings up arguments from both a
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against government searches are provided by state and federal laws‚ and by the Constitution’s Fourth Amendment‚ which provides that “The right of the people to be secure in their persons‚ houses‚ papers and effects‚ against unreasonable searches and seizures‚ shall not be violated.” Courts have slowly developed different frameworks as they grapple with how to apply the original intentions of the Fourth Amendment to new social circumstances. Federal courts‚ due to the slow pace of the U.S. legal system
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Stop & Frisk is a procedure done by police officers to search for weapons or any items that can cause harm to others. If the officer has probable cause and feels like the person is going to commit a crime or has a weapon‚ then they will go to the person to do a stop & frisk. The officer stops the person and runs his/her hands over the person’s outer clothes to see if they do in fact have a weapon. The search is supposed to be done very carefully and lightly to not overstep any boundaries or rights
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In contrast the distinguish between stop from as arrest is difficult to determine. However‚ it is imperative because of the different procedure that must goes into effect before a Terry stop occurs. For instance‚ a stop procedure must be determine by a reasonable suspicion and probable cause. According to the case of Flordia b. Royer‚ 460 U.S. 491 (1983) give an distinguish of a Terry stop and arrest. In this case it share some information about a man that is know as a drug dealer stop by and officer
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there’s has been a lot of actions that the police have been used on citizens and innocent bystander. One of these actions are called “Stop and Frisk”‚ which has been used a lot these days‚ specially in New York. “ Stop and Frisk” means to be randomly search by police or a high authority when they suspect a bystander is carrying something suspicious. At times " Stop and Frisk” can be helpful at times ‚ but not most of the time ‚ and in some cases it has been believed to be used by high authorities
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1. Can you (or Mr. Yourprop’s supervisor) search Yourprop’s personal vehicle currently parked in the Company parking lot for digital evidence? Support your answer. a. Pursuant to the 4th Amendment to the U.S. Constitution‚ Mr. Yourprop and all other employees have a reasonable expectation of privacy which would prevent me and his supervisor from freely searching his vehicle. The easiest and most efficient way that would prevent questions of immiscibility in court and protect the company from legal
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used to smoke Marijuana and a small bag of marijuana. Upon finding these two items Knowles was arrested and charged with having a controlled substance. At pre-trial‚ Knowles moved to suppress the marijuana and pipe from court. He claimed that the search was a violation of his rights and that
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Police may search a vehicle incident to a recent occupant’s arrest if it is reasonable to believe the vehicle contains evidence of the offense of arrest. Gant‚ 556 U.S. 332 at 351. Courts have held that when police arrest a person on a traffic violation it is not reasonable to believe that evidence of the violation is in the vehicle. In United States v. Majette‚ the court held that it was unreasonable for the officer to believe he would find evidence of the arrestee’s suspended license in the
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citizen occurs when a warrantless search or seizure takes place‚ it also denies security of the citizen. Warrantless searches and seizures are mostly not justified by the law. The safety of a citizen is affected from unfair and unwanted arrest. With a probable cause and a warrant in place‚ the search or seizure may take place and be appropriate; without a probable cause and warrant‚ the search or seizure is not reasonable. Unreasonable‚ warrantless searches and seizures should not take place because
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