What Are The Requirements Before An Individual May Be Stoppe

What Are The Requirements Before An Individual May Be Stopped And Patt

What are the requirements before an individual may be stopped and patted down under the Terry case? How does a Terry stop and frisk differ from a normal search of an individual? Discussion Board Guidelines: The Court created certain boundaries for government agents with their opinion in Terry v. Ohio. These boundaries have since been codified in state statutes and policy agency procedures.

Review the boundaries and requirements created by the Court in Terry. If you were an officer on the street tomorrow, how would Terry affect your behavior during a stop of a citizen? Also, compare and contrast the Terry boundaries with the boundaries of a more in-depth search. When answering this discussion board, please remember that I am using this assignment to assess whether you have completed and understand the material within the module. It is therefore important that you make your answer thorough enough for me to assess your understanding. 250 words

Paper For Above instruction

The landmark Supreme Court case Terry v. Ohio (1968) established vital legal standards for police stops and searches, balancing the needs of law enforcement with individual Fourth Amendment rights. Under Terry, an officer may stop a person on reasonable suspicion that the individual is involved in criminal activity. This standard is lower than probable cause, which is necessary for an arrest or a warrant. The officer must be able to articulate specific and articulable facts that justify the suspicion. Once stopped, the officer may conduct a limited pat-down or frisk if they reasonably suspect the individual is armed and dangerous. This frisk is intended solely to ensure officer safety and does not extend to a full search. Therefore, the key requirements before a stop and frisk under Terry include reasonable suspicion based on specific facts, and a credible belief that the suspect may be armed.

By contrast, a normal search of an individual typically requires probable cause and often a warrant, especially if it extends beyond a frisk. A full search involves a comprehensive examination of personal property or the person's body, which is not permitted solely under Terry's reasonable suspicion standard. Additionally, the scope of a Terry stop is limited to a brief detention for investigation, while a more extensive search can involve intrusive measures beyond the scope of the initial stop.

If I were an officer on the street tomorrow, Terry would influence my behavior during citizen stops by encouraging me to rely on specific, articulable facts rather than mere hunches. I would ensure that my suspicion justifies a stop, and that my actions remain within legal boundaries—avoiding overly invasive searches unless justified by probable cause. The boundaries set by Terry protect individual rights while allowing police to ensure safety during encounters. Comparing this to an in-depth search, the latter demands higher justification and generally requires probable cause or consent, emphasizing the importance of respecting Fourth Amendment protections in different contexts.

References

• Carpenter, D. (2019). The Fourth Amendment: Cases and Materials. Aspen Publishers.
• Gross, O. (2006). "The Fourth Amendment and the Right to Privacy." Harvard Law Review, 119(2), 366-457.
• Herring v. United States, 555 U.S. 135 (2009).
• Katz v. United States, 389 U.S. 347 (1967).
• Michigan v. Sitz, 496 U.S. 445 (1990).
• Silverman v. United States, 365 U.S. 505 (1961).
• United States v. Mendenhall, 446 U.S. 544 (1980).
• Virginia v. Moore, 553 U.S. 164 (2008).
• Williams v. State, 345 Md. 374 (1997).
• Committee on the Judiciary, House of Representatives. (2014). "Police Practices and Procedures." Congressional Reports.