unit 4 responses

1. A Terry stop is when a police officer has reasonable suspicion that someone is armed, currently comitting a crime, or about to be comitting a crime, in criminal conduct. The officer may stop and briefly hold an individual for a frisk or pat down search of their outside clothing. A Terry stop is a seizure which covered or protected in the Fourth Amendment. A Terry stop may not lead to a seizure if the person stopped provided no reason for the officer to have reasonable suspicion or probable cause to be searched. For example, if someone was pulled over for speeding and the officer was checking up on their expired information, the offender may held while the officer checks their information. Speeding or expired information typically does not mean the offender should be searched, as there is no probable cause or reasonable suspicion that the offender may be carrying illegal items or contraband. This is a circumstance where a search would not be needed nor would a seizure of anything, while a stop is being performed. 

Law enforcement must be able to point out factual evidence which supports their suspicions that a person may be engaging in or is planning to engage in criminal activity. If the stop reveals additional evidence, then the police officer will have the necessary probable cause to continue with conducting a more extensive search, with the possibility of seizure and/or arrest. 

When police stop and search a pedestrian, this is known as a stop and frisk. 

2. The Terry Stop allows law enforcement officers in the United States to detain someone for a limited period of time if they have a reasonable suspicion that they are or were involved in criminal activity.A lower standard than probable cause, which is required for an arrest, is reasonable suspicion. Terry Stops has become controversial over the years, as data has emerged showing that minorities are disproportionately detained and searched by law enforcement, leading to accusations of racial discrimination. In other words, Terry Stop is a law that requires officers to detain someone if they see that that person has committed or is about to commit a criminal act. When a Terry stop is made, police officers are not permitted to exceed their authority, which means they are not permitted to engage in conduct that violates the Fourth Amendment.A Terry stop is used to conduct a quick investigation to determine whether or not the suspect is participating in illegal activities.

3. A Terry-type stop is when an officer has reasonable suspicion the person is either armed with a weapon, currently committing crime, or is about to commit a crime. In this situation, the officer is allowed to stop and frisk the person. However, a stop and frisk is only allowed on the outside of the clothing. An officer may not check the inside unless they have probable cause. Without probable cause, the officer can only stop and frisk the outside clothing of the person. For example, if an officer pulls someone over for speeding, they have no reason or probable cause to check the person. However, if the officer sees that there are drugs in the passenger seat, that gives the officer probable cause to search and seizure rather than just a stop and frisk. When it comes to stop and frisk, it is important the officer does it right because the evidence can get thrown out if it violates the Fourth Amendment. 

4. A terry stop occurs when a police officer has reasonable suspicion that a person is suspicious of committing a crime or had committed a crime. In this situation, the officer may pat down the suspect but only on the outside of the clothing and they can not search for anything inside their clothes unless there is probable cause. A terry stop might not result in a seizure situation if there is no reasonable suspicion or probable cause on the suspect to be throughly searched. If someone is getting pulled over on the highway (for speeding, tail light out, expired plates, etc), the officer should not have to throughly search the person as the minor crimes I listed does not show reasonable suspicion or probable cause of them committing a crime unless there was evidence in plain view of the officer. The police officer must make sure that they are conducting the terry stop correctly and does not violate the 4th amendment as any wrong doing could lead to that evidence being thrown away. 

5. Arrests are subject to Fourth Amendment requirements, but courts have followed common law in upholding the right of police officers to detain a person without a warrant if they have probable cause to believe the person to be arrested person has committed a felony or misdemeanor in their presence Probable cause is, of course, the same standard that must be met when issuing an arrest warrant, and conditions existing prior to the arrest of the police officer must be met, which is discovered thereafter it is not sufficient to establish probable cause retroactively; however, there are cases where a police officer's suspicions will have been aroused by someone's conduct or manners, but there will be no probable cause to place that person under arrest.  The police can also search the person for weapons if they have a reasonable suspicion that the person is armed and dangerous, all without violating the Fourth Amendment. However, reasonable suspicion must be based on "specific and articulable facts" and not simply on the hunch of the officer.  Therefore, police officers must be able to point to actual facts that support their suspicion that a person was engaging or planning to engage in criminal activity.  In the America we live in today, it is imperative that private citizens know their rights. The Fourth Amendment protects us "against unreasonable searches and seizures" and "arrest warrants will not be issued, but for probable cause." For the Fourth Amendment to be activated, an encounter between a police officer and a private citizen must be intrusive enough to constitute a de facto seizure and arrest.