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What is a terry stop stop and frisk 69 michael a haber esq miami criminal lawyer
In the United States, a Terry stop is a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.
Contents
- What is a terry stop stop and frisk 69 michael a haber esq miami criminal lawyer
- Lakewood colorado p d police officer lies about terry stop
- Traffic stops
- References
The name derives from Terry v. Ohio, 392 U.S. 1 (1968), in which the Supreme Court of the United States held that police may briefly detain a person whom they reasonably suspect is involved in criminal activity; the Court also held that police may do a limited search of the suspect's outer garments for weapons if they have a reasonable and articulable suspicion that the person detained may be "armed and dangerous."
To have reasonable suspicion that would justify a stop, police must be able to point to "specific and articulable facts" that would indicate to a reasonable police officer that the person stopped is or is about to be engaged in criminal activity, as opposed to past conduct. Reasonable suspicion depends on the "totality of the circumstances," and it can result from a combination of facts, each of which by itself innocuous.
The search of the suspect's outer garments, also known as a patdown, must be limited to what is necessary to discover weapons; however, pursuant to the "plain view" doctrine, police may seize contraband discovered in the course of a frisk, but only if the contraband's identity is immediately apparent.
In some jurisdictions, persons detained under the doctrine of Terry must identify themselves to police upon request. In Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), the Court held that a Nevada statute requiring such identification violated neither the Fourth Amendment's prohibition against unreasonable searches and seizure nor, in the circumstances of that case, the Fifth Amendment's privilege against self-incrimination.
Lakewood colorado p d police officer lies about terry stop
Traffic stops
A traffic stop is, for practical purposes, a Terry stop; for the duration of a stop, driver and passengers are "seized" within the meaning of the Fourth Amendment. The U.S. Supreme Court has held that drivers and passengers may be ordered out of the vehicle without violating the Fourth Amendment's proscription of unreasonable searches and seizures, although such practices might not be authorized under state law. Drivers and passengers may be searched for weapons upon reasonable suspicion they are armed and dangerous. If police reasonably suspect the driver or any of the occupants may be dangerous and that the vehicle may contain a weapon to which an occupant may gain access, police may perform a protective search of the passenger compartment.
Without a warrant, probable cause, or the driver's consent, police may not search the vehicle, but under the "plain view" doctrine may seize and use as evidence weapons or contraband that are visible from outside the vehicle.
Writing for a unanimous Court in Arizona v. Johnson, 129 S.Ct. 781 (2009), Justice Ginsburg gives a comprehensive summary of most of the above-cited jurisprudence relating to traffic stops.