Stop and Frisk" is a police action to momentarily detain and search the body of a person. Under judicial interpretation of the Fourth Amendment to the.

Slides:



Advertisements
Similar presentations
SEARCH AND SEIZURE The 4 th. Disclaimer Mr Koepping is NOT an attorney. This discussion is for the purpose of explaining general constitutional principles.
Advertisements

Terry v. Ohio and NY City Stop and Frisk Policy
Teaching American History: Moot Courts and Constitutional Concepts.
THEFT BURGLARY THEFT VIOLENT CRIME THEFT CAR THEFT THEFT BURGLARY THEFT.
Law enforcement officers conduct searches every day in an effort to find evidence that can be seized and used in court to prosecute people who have violated.
1 Chapter 14 Obtaining Physical and Other Evidence.
POLICE LAW & SOCIETY What are the distinct characteristics of police in U.S. society? Police play multiple roles Law prescribes parameters of police practice.
The 4th & 5th Amendments Search & Seizure Search & Seizure Rights Against Self Incrimination Rights Against Self Incrimination.
Featured Programs Awards Publications Products Catalog LRE Network Contact Print This | Page Feedback | ShareThisPage Feedback Criminal Law Rules on Search.
Street Law Fourth Amendment Rights
Search & Seizure Stephanow th Amendment. CRIMINAL JUSTICE PROCESS in TEXAS =3952&TEMPLATE=/ContentManagement/ContentDisplay.cfm.
Introduction to Constitutional Law Unit 4. CJ140-02A – Introduction to Constitutional Law Unit 4: The Fourth Amendment CJ140-02A– Class 4 Part 1.
Criminal Procedure Week 2. U.S. CONSTITUTION PURPOSE WHICH GOVERNMENT IT REGULATES Bill of Rights.
Chapter 2 Legal Aspects of Investigation © 2009 McGraw-Hill Higher Education. All rights reserved. LEARNING OBJECTIVES Explain the historical evolution.
Policing Legal Aspects Go to this Site. Due Process Most Due Process requirements are in either: –evidence and investigation –arrest –interrogation All.
Plain View Doctrine  Allows a police officer to seize evidence found in “plain view” during a search without a warrant. Also, when officers are carrying.
Chapter 20: Civil Liberties: Protecting Individual Rights Section 2
Law & Justice Chapter 12 Criminal Investigations.
Rights of the Accused Search & Seizure Search & Seizure Right Against Self Incrimination Right Against Self Incrimination Right to Counsel Right to Counsel.
Amendments in Action Search and Seizure. The 4 th Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against.
Fourth Amendment: Search and Seizure
 What is the exclusionary rule  Explain stop and frisk  What is the plain view doctrine  What did Miranda v Arizona require police to do  What happens.
1 Chapter 14 Obtaining Physical and other Evidence Obtaining Physical and other Evidence.
Chapter 4 Stop and Frisk. Introduction  Terry v. Ohio  reasonable suspicion  field interrogations are essential for investigating and detecting street.
CAN POLICE SEARCH A PERSON’S PHONE WITHOUT A WARRANT? Precedent Setting Charter Case.
DO NOW – Tuesday, December 10 Take out your homework On your Do Now sheet: Is it easy to get a warrant? Why / Why not? When can the police search someone.
Police and the Constitution: The Rules of Law Enforcement.
Criminal Justice Process: The Investigation. Criminal Justice Process The criminal justice process includes everything that happens to a person from arrest.
Bell Work: 5/3/12 What is due process? – Hint: look on pg. 564 if you don’t remember!
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated;
s Protected by Fourth Amendment Right of Privacy By: Xavier Mulligan.
Criminal Justice Process: The Investigation Mrs. Gurzler.
New Jersey v. TLO Unit 4 Lesson 10.
4 th Amendment: Search and Seizure. The Fourth Amendment to the U.S. Constitution protects personal privacy, and every citizen's right to be free from.
4th Amendment.
THEFT BURGLARY THEFT VIOLENT CRIME THEFT CAR THEFT THEFT BURGLARY THEFT.
Navarette v. California Argued January 21, Fourth Amendment Text The right of the people to be secure in their persons, houses, papers, and effects,
The Investigation.  Right to remain silent  Right to an attorney  No interrogation should take place before they read  Are a result of the US Supreme.
EMLYN A. RICKETTS, ESQ. Criminal Procedure: The Investigative Phase.
STOP AND FRISK Terry v. Ohio and NY City Stop and Frisk Policy.
Slide 1 III. Criminal Procedure and the Constitution A.Analyze and Define Criminal Procedure B.Analyze the provisions of the 4 th and 5 th Amendments pertaining.
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ
Legal Studies * Mr. Marinello ARRESTS AND WARRANTS.
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ
Chapter 12: Criminal Justice Process ~ The Investigation Objective: Student should be able to correlate how the constitution relates to an investigation.
Fourth Amendment And Probable Cause. By the end of this presentation you should be able to understand; ◦Fourth Amendment of the U.S. Constitution ◦How.
By: Kerri O’Connell, Marina Reilly, and Michaela Byrne.
4TH AMENDMENT  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall.
Criminal Justice Process: The Investigation The criminal justice process includes everything that happens to a person from the moment of arrest, through.
CRIMINAL JUSTICE PROCESS: THE INVESTIGATION Chapter 12.
Arrest and Detainment How do you know you’ve been arrested?
DO NOW – Thursday, December 12 Take out your homework Review this definition: Reasonable suspicion – information which is enough to give an officer a reasonable.
CJ I / Critical Thinking 3/13/16 Why do you think it is important that law enforcement agencies have limited authority? What do you think are the key benefits.
Unit 3 The Fourth Amendment. The Fourth Amendment To The United States Constitution The right of the people to be secure in their persons, houses, papers,
STOP AND FRISK - NJ Erin Barry Julia Weinkauf Erin Walker.
SEARCH & SEIZURE.
Supreme Court briefs.
Amendments in Action Search and Seizure.
The Courts and the Constitution
Chapter 3 Searches.
Pre-trial arrest and custody
Amendments in Action Search and Seizure.
Criminal Procedure: Theory and Practice, 2d.
Criminal Procedure: Theory and Practice, 2d.
Bell Work (Think of your response and be prepared to share)
4th amendment By: KEila Aguilar.
Section 5: Knowing Your Rights
Search & Seizure in Schools:
Terry v. Ohio and NY City Stop and Frisk Policy
Arrest.
Presentation transcript:

Stop and Frisk" is a police action to momentarily detain and search the body of a person. Under judicial interpretation of the Fourth Amendment to the United States Constitution, such a search may be conducted only under circumstances where the officer believes that the person is armed and dangerous to the officer’s person, or that the person has just committed or is about to commit an unlawful act.

A veteran police officer observed three men engaging in conduct that he concluded might be indicative of “casing” a store, that is, preparing to commit a robbery. When he approached the men to ask them questions, the response from one of them was incoherent. Fearing that the men might be armed, the officer grabbed hold of one of them and “patted” him down. The pat-down revealed that the man was carrying a gun.

The Terry decision permits police officers to stop and detain a person based on a “reasonable suspicion” that s/he might be about to commit a crime or is in the process of committing a crime. It represents a modification of the Fourth Amendment protection against unreasonable searches and seizures granted to private individuals in the Bill of Rights. Prior to Terry, police officers were required to have a higher level of proof, “probable cause,” before interfering with the liberty of private persons.

Terry stops, as these encounters have come to be called, may be conducted based on far less evidence than that legally required to justify an arrest, but they may not be conducted based on groundless hunches about specific individuals being involved in crime.

Florida v. JL, 2000 In a unanimous decision, this case held that a police officer may not legally stop and frisk anyone based solely on an anonymous tip that simply described that person's location and what he or she might look like but that did not furnish information as to any illegal conduct that the person might be planning.

Illinois v. Wardlow, 2000 In a 5-4 decision, the US Supreme Court upheld the stop and frisk, declaring that the officers’ actions did not violate the Fourth Amendment.

I am going to read 6 statements about Stop and Frisk! You will walk around the room to state if you: STRONGLY DISAGREE, DISAGREE, SOMEWHAT DISAGREE - OR - STRONGLY AGREE, AGREE, SOMEWHAT AGREE

Stop and Frisk makes people feel more safe.

Stop and Frisk violates people’s civil rights.

Stop and Frisk gets guns off the streets.

Stop and Frisk targets young black and Latino men.

Stop and Frisk reduces crime.

watch?v=01rsXYIXOrU