Chapter Five Stop and Frisk and Stationhouse Detention
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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 ¨ Stop and Frisk: Two Separate Acts – The Stop – Brown v. Texas (1979)
Stop and Frisk and Stationhouse Detention ¨ When is a Stop a Seizure Under the Fourth Amendment? – United States v. Mendenhall (1980)
Stop and Frisk and Stationhouse Detention ¨ Does Unprovoked Flight upon Seeing the Police Constitute Reasonable Suspicion? – Illinois v. Wardlaw (2000)
Stop and Frisk and Stationhouse Detention ¨ Are Stops based on Hearsay Information Valid? – Adams v. Williams (1972)
Stop and Frisk and Stationhouse Detention ¨ Is Information Based on a Flyer from Another Jurisdiction Sufficient for a Stop? – United States v. Hensley (1985)
Stop and Frisk and Stationhouse Detention ¨ Are Stops Based on a Drug Courier Profile Alone Valid? – United States v. Sokolow (1989)
Stop and Frisk and Stationhouse Detention ¨ Are Stops Based on a Racial Profile Alone Valid? – DWB – DWH
Stop and Frisk and Stationhouse Detention ¨ Are Stops Based on Race Alone Valid? – Brown v. Oneonta (2 nd Circuit 1999) – United States v. Travis (6 th Circuit 1995)
Stop and Frisk and Stationhouse Detention ¨ Can Suspects Who are Stopped be Forced to Answer Questions? – Florida v. Royer (1983)
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)
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)
Stop and Frisk and Stationhouse Detention ¨ Are Airport Stops and Searches Valid? – Torbet v. United Airlines, Inc. (2002) – United States v. Pulido-Baquerizo (9 th Cir. 1986)
Stop and Frisk and Stationhouse Detention ¨ What Degree of Intrusiveness is Permissible?
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)
Stop and Frisk and Stationhouse Detention ¨ What is the Extent of the Frisk? – United States v. Robinson (1973)
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?
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
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
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?
Stop and Frisk and Stationhouse Detention Table 5. 1 The Distinctions Between Stop and Frisk and Arrest Stop and Frisk Arrest Degree of Certainty Needed Reasonable Suspicion Probable Cause Extent of Intrusion Pat-Down for Weapons Full body search Purpose Stop: to prevent criminal activity Frisk: to ensure the safety of officers and others To take the person into custody or to determine if a crime has taken place Warrant Not Needed In custody until legally released Force allowed Stop: None Frisk: Pat-down Reasonable
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
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)
