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Terry's lawyer filed a motion to suppress the evidence of the discovered pistol, arguing McFadden's frisk had been a violation of Terry's Fourth Amendment rights and that the pistol should be excluded from evidence under the exclusionary rule. The trial judge denied his motion on the basis that the stop-and-frisk was generally presumed legal ...
When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur ...
The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants to be supported by probable cause. In Terry v. Ohio (1968), the U.S. Supreme Court established that it is constitutional for police to temporarily detain a person based on "specific and articulable facts" that establish reasonable suspicion that a crime has ...
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
In October, 2014 Durham, North Carolina (pop. 267,743), in response to a collection of groups led by the Southern Coalition for Social Justice, adopted a written-consent policy for all searches. This was after the city was presented with clear documentation that black motorists were searched well above their share to the city's population.
The personal, or subjective, motives of an officer are not a factor in the Court's Fourth Amendment analysis of whether the cause for a stop is sufficient. The standard for reasonable suspicion is purely an objective one. [3] [1] A major concern with this case's ruling is that police conducting traffic stops may racially profile the stopped ...
Florida v. J. L., 529 U.S. 266 (2000), was a United States Supreme Court case in which the Court determined that a police officer may not legally stop and frisk someone based solely on an anonymous tip that describes a person's location and appearance, but does not furnish information as to any illegal conduct.
Minnesota v. Dickerson, 508 U.S. 366 (1993), was a decision by the Supreme Court of the United States.The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon.