What are the two elements of the Fourth Amendment reasonableness test? Explain how the “totality of circumstances” test works in practice. What is “reasonable suspicion” to frisk?

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Instructional Objectives for this activity:
Explain “stop and frisk” rules.

This week, you studied the “stop and frisk” rules and familiarized yourself with the landmark case Terry v. Ohio.  You should now have a solid understanding of what procedures are considered reasonable under the Fourth Amendment. 

Please respond to all of the following prompts:

  • What are the two elements of the Fourth Amendment reasonableness test?
  • Explain how the “totality of circumstances” test works in practice.
  • What is “reasonable suspicion” to frisk?

Samaha, Joel. (2015). Criminal Procedure, 9th, Ed. Boston, MA: Cengage.

 

    • 11 years ago
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