CHAPTER SIX

1
CHAPTER SIX

• STOP AND FRISK

2
History

• Before the 1960s
• Cases that changed it all
• Terry v. Ohio (1968)
• Reasonable suspicion that criminal activity may
  be afoot AND
• The person may be armed and dangerous
• Sibron v. NY (1968)
• Peters v. NY (1968)

3
Reasonable Suspicion

• Less than probable cause
• Why a lower standard for stops?
• What are the competing interests?

4
To Stop or Not to Stop

• What is a stop?
• Least intrusive type of seizure
• Under all the circumstances, a reasonable
  person would have believed that he was not free
  to leave
• Objective standard
• 3 basic questions

5
Authority to Stop

• Reasonable suspicion
• What does that involve?
• Information from informants
• What determines reasonableness?
• How long can you stop for?

6
Extent of Stop

• Driver and passenger
• Reasonable investigative methods
• Time
• Brevity
• 20-25 minutes is outer limit
• Force
• Protect personal safety
• Factors that determine reasonableness

7
Whether to Frisk

• Separate from decision to stop
• Limited authority
• Scope of search
• Patdown
• Reach in?
• Plain view

8
Specific Circumstances

• Evasive behavior
• Bulge
• Hand concealed in clothing
• Innocent conduct
• Admissions by defendant
• Traffic stops and roadblocks
• Whren v. US (1996)
• Indianapolis v. Edmond (2000)
• Illinois v. Lidster (2004)

9
More Specific Circumstances

• Racial profiling
• Violent crime
• Objects felt during a frisk
• Collective knowledge
• High crime area
• Known criminals

10
Miranda Issues

• Does Miranda apply?
• Coercive atmosphere

11
STOP AND FRISK

• END CHAPTER SIX