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 (9th 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 FriskArrest Degree of Certainty Needed Reasonable SuspicionProbable Cause Extent of IntrusionPat-Down for WeaponsFull body search PurposeStop: 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 WarrantNot NeededIn custody until legally released Force allowedStop: 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)