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In an opinion delivered by Chief Justice William Rehnquist, the Supreme Court held in a 5 to 4 decision that the police had reasonable suspicion to justify the stop.The police had reasonable suspicion to justify the stop because nervous, evasive behavior, like fleeing a high crime area upon noticing police officers, is a pertinent factor in determining reasonable suspicion to justify a stop.
Graham v. Connor, 490 U.S. 386 (1989), was a United States Supreme Court case in which the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his or her person.
This permitted police action has subsequently been referred to in short as a "stop and frisk", "stop, question, and frisk," or simply a "Terry stop." The Terry standard was later extended to temporary detentions of persons in vehicles, known as traffic stops ; see Terry stop for a summary of subsequent jurisprudence.
Pennsylvania v. Mimms, 434 U.S. 106 (1977), is a United States Supreme Court criminal law decision holding that a police officer ordering a person out of a car following a traffic stop and conducting a pat-down to check for weapons did not violate the Fourth Amendment to the United States Constitution.
The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...
A man has been charged after a crash involving a car that allegedly failed to stop for police in Aberdeen. Police Scotland said a Jaguar failed to stop on the city's North Anderson Drive at about ...
A traffic stop is usually considered to be a Terry stop and, as such, is a seizure by police; the standard set by the United States Supreme Court in Terry v. Ohio regarding temporary detentions requires only reasonable articulable suspicion that a crime has occurred or is about to occur. [ 1 ]
The proposed change would bring the state in line with 35 other states that allow seat belt violations as the primary cause for making a stop or issuing a citation if the lack of a belt is ...