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Chapter Five – Stop and Frisk and Stationhouse Detention

Chapter Five – Stop and Frisk and Stationhouse Detention. Rolando V. del Carmen. Stop and Frisk and Stationhouse Detention. The Leading Case in Stop and Frisk Terry v. Ohio (1968) The Guidelines Stop Frisk The need for Reasonable Suspicion. Stop and Frisk and Stationhouse Detention.

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Chapter Five – Stop and Frisk and Stationhouse Detention

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  1. Chapter Five – Stop and Frisk and Stationhouse Detention Rolando V. del Carmen

  2. Stop and Frisk and Stationhouse Detention • The Leading Case in Stop and Frisk Terry v. Ohio (1968) • The Guidelines • Stop • Frisk • The need for Reasonable Suspicion

  3. Stop and Frisk and Stationhouse Detention • Stop and Frisk: Two Separate Acts • The Stop – Brown v. Texas (1979)

  4. Stop and Frisk and Stationhouse Detention • When is a Stop a Seizure Under the Fourth Amendment? • United States v. Mendenhall (1980)

  5. Stop and Frisk and Stationhouse Detention • Does Unprovoked Flight upon Seeing the Police Constitute Reasonable Suspicion? • Illinois v. Wardlaw (2000)

  6. Stop and Frisk and Stationhouse Detention • Are Stops based on Hearsay Information Valid? • Adams v. Williams (1972)

  7. Stop and Frisk and Stationhouse Detention • Is Information Based on a Flyer from Another Jurisdiction Sufficient for a Stop? • United States v. Hensley (1985)

  8. Stop and Frisk and Stationhouse Detention • Are Stops Based on a Drug Courier Profile Alone Valid? • United States v. Sokolow (1989)

  9. Stop and Frisk and Stationhouse Detention • Are Stops Based on a Racial Profile Alone Valid? • DWB • DWH

  10. Stop and Frisk and Stationhouse Detention • Are Stops Based on Race Alone Valid? • Brown v. Oneonta (2nd Circuit 1999) • United States v. Travis (6th Circuit 1995)

  11. Stop and Frisk and Stationhouse Detention • Can Suspects Who are Stopped be Forced to Answer Questions? • Florida v. Royer (1983)

  12. Stop and Frisk and Stationhouse Detention • Can a Person who is Stopped Be Forced to Identify Oneself? • Hiibel v. Sixth Judicial District Court of Nevada (2004)

  13. Stop and Frisk and Stationhouse Detention • What Are the Reasonable Scope and Duration of a Stop? • United States v. Place (1983) • United States v. Luckett (1973) • United States v. Sharpe (1985)

  14. Stop and Frisk and Stationhouse Detention • Are Airport Stops and Searches Valid? • Torbet v. United Airlines, Inc. (2002) • United States v. Pulido-Baquerizo (9th Cir. 1986)

  15. Stop and Frisk and Stationhouse Detention • What Degree of Intrusiveness is Permissible?

  16. Stop and Frisk and Stationhouse Detention • Stop and Frisk: Two Separate Acts • The Frisk • A frisk has only one purpose: the protection of the officer or of others • United States v. Cortez (1981)

  17. Stop and Frisk and Stationhouse Detention • What is the Extent of the Frisk? • United States v. Robinson (1973)

  18. Stop and Frisk and Stationhouse Detention • What Can an Office Do and Not Do During a Frisk? • Minnesota v. Dickerson (1993) • “Plain Feel” • Immediately Apparent • What Constitutes Plain Touch?

  19. Stop and Frisk and Stationhouse Detention • Are “Fishing Expeditions” for Evidence Allowed? • A frisk for any other reason than the protection of the officer or others is illegal

  20. Stop and Frisk and Stationhouse Detention • Is Consent to Frisk Based on Submission to Police Authority Valid? • A frisk based on submission to police authority is not voluntary and intelligent

  21. Stop and Frisk and Stationhouse Detention • Can an Officer Frisk After a Stop Without asking Questions? • Reasonable Inquiries • Does a Frisk Include Things Carried by the Suspect?

  22. Stop and Frisk and Stationhouse Detention

  23. Stop and Frisk and Stationhouse Detention • Other Applications of Stop and Frisk • Application to Motor Vehicles – Pennsylvania v. Mimms (1977) • Application to Weapons in a Car • Application to Residences

  24. Stop and Frisk and Stationhouse Detention • Stationhouse Detention • For Fingerprinting • Davis v. Mississippi (1969) • Hayes v. Florida (1985) • For Interrogation • Dunaway v. New York (1979)

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