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CP Lesson #5 – The Limits of Stopping and Frisking

CP Lesson #5 – The Limits of Stopping and Frisking. Introduction to the “Stop & Frisk” Case – Terry v. Ohio (1968) Analyzing Stop & Frisk under Terry Limits of Stopping Justifications for Stop Scope of Stop & Frisk Other Types of Investigatory Detentions. Stop and Frisk Introduction .

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CP Lesson #5 – The Limits of Stopping and Frisking

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  1. CP Lesson #5 – The Limits of Stopping and Frisking • Introduction to the “Stop & Frisk” • Case – Terry v. Ohio (1968) • Analyzing Stop & Frisk under Terry • Limits of Stopping • Justifications for Stop • Scope of Stop & Frisk • Other Types of Investigatory Detentions

  2. Stop and Frisk Introduction • Case – Terry v. Ohio (1968) • Analyzing Terry Stop & Frisk • Definitions • Probable Cause vs. Reasonable Suspicion • S & F – Two Stage Inquiry

  3. Limits on Stopping • Making the S&F law – do you have to give identification? • Case Hiibel v. Nevada (2004) • Georgia Code • GA Code 16-1ll-36(b)Offense of loitering or prowling (misdemeanor) • “Reasonable alarm or immediate concern” • Officer must afford opportunity to ID and explain presence and conduct • How long is too long? • Case – US v. Sharpe (1985) • Case – Illinois v. McArthur (2001)

  4. Justifications for a Stop • Information of informants • Drug courier profiles • Controversial racial profiling • Information provided in police bulletins

  5. Scope of Stop and Frisk • Plain Touch Doctrine • Case – Minnesota v. Dickerson (1993) • Automobile Searches based upon reasonable suspicion • Michigan v. Long (1983) • Reasonable suspicion that suspect dangerous AND • Search only in places within passenger compartment where weapons might be hidden

  6. Roadblock Stops • Can be a “seizure” under 4th Amendment • Michigan v. Sitz (1990) – Sobriety checkpoints constitutional • Roadblocks for general search & seizure purposes – Indianapolis v. Edmond (2000)

  7. Underlying Reasons to Support Terry Stops • Anonymous Tips • Florida v. JL (2000) • Does a Person’s “Flight” Justify a Terry Stop? • Illinois v. Wardlow (2000)

  8. Other Types of Investigatory Detentions - Airports • US v. Place (1983) – Dog sniff case; how long is too long? • Place Court suggests looking at 3 factors: • Whether police were diligent • How long the property seizure lasted • Whether seized property was taken to different location for further scrutiny

  9. Other Types of Investigatory Detentions - Fingerprinting • Under Terry no taking back to station • Hayes v. Florida (1985) might be ok to take prints in field if: • Reasonable suspicion suspect has committed crime • Reasonable basis for believing printing will establish or negate person’s connection • Procedure is carried out quickly

  10. Other Types of Investigatory Detentions – US Borders • General diminished expectation of privacy • Routine suspicionless searches of bags or vehicle ok. • Roving patrols – Almeida-Sanchez v. US (1973) • More intrusive searches need more • US v. Montoya de Hernandez 1985)

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