Difference between revisions of "Stops and Frisks"
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==United States== | ==United States== | ||
− | In the United States | + | In [[Terry v. Ohio, 392 U.S. 1 (1968)]] the United States Supreme Court stated that the Fourth Amendment prohibition on unreasonable [[Search and Seizure | searches and seizures]] did not restrict a police officer's right to make a limited investigatory stop even though the officer did not have probable cause necessary to effect and [[Arrest | arrest]]. |
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===State Constitutions=== | ===State Constitutions=== | ||
Some states provide for additional protections against unwarrante police intrusion. For instance, in New York, the Supreme Court has concluded that the State Constitution provides heightened scrutiny for stops and frisks. | Some states provide for additional protections against unwarrante police intrusion. For instance, in New York, the Supreme Court has concluded that the State Constitution provides heightened scrutiny for stops and frisks. |
Revision as of 10:19, 16 July 2010
Background
Generally police have the right to make limited contact with citizens that is short of arrest. The standard for this contact varies from jurisidiction to jurisdiction.
United States
In Terry v. Ohio, 392 U.S. 1 (1968) the United States Supreme Court stated that the Fourth Amendment prohibition on unreasonable searches and seizures did not restrict a police officer's right to make a limited investigatory stop even though the officer did not have probable cause necessary to effect and arrest.
State Constitutions
Some states provide for additional protections against unwarrante police intrusion. For instance, in New York, the Supreme Court has concluded that the State Constitution provides heightened scrutiny for stops and frisks.