Ch. 4 Stop & Frisk (Q1/Midterm) Flashcards
What is the difference between a 4th Amendment stop and a 4th Amendment frisk?
Stop - brief detention (minimal seizure)
Frisk - “once-over-lightly” pat down of outer clothing
What is the purpose of a frisk?
To protect officers by taking away suspects’ weapons
Stops are the { } intrusive 4th Amendment seizure of persons.
Least
What is the relationship between invasion and objective basis?
Greater invasion = greater objective basis
A reasonable explanation for why an officer initiated a stop based on some minimum objective justification/basis.
What is reasonable suspicion?
What are the 2 clauses of the 4th Amendment?
1) Reasonableness clause
2) Warrant clause
What are the 2 prongs of the reasonableness test for warrantless searches and seizures?
1) Balancing element
2) Objective basis
Another name for the totality-of-circumstances test.
What is the “whole picture test?”
Suspicion that points to an individual.
What is individualized suspicion?
The case that started the notion of stop and frisk.
What is Terry v. Ohio?
Because stops and frisks are “minor” searches and seizures, they require { } facts to back up than for arrests and full-fledged searches.
Fewer
Are Terry Stops based on reasonable suspicion or probable cause?
Reasonable suspicion
What is the central consideration of the 4th Amendment according to Terry v. Ohio?
Reasonableness of all circumstances
What are the 2 elements of a reasonable stop?
1) Short/reasonable duration
2) “On-the-spot” investigation (investigation occurs where stop was made)
What did Adams v. Williams (1972) add to the stop-and-frisk rule introduced in Terry v. Ohio?
Adams v. Williams added that stop & frisk may be based on confidential informant info (hearsay) AND the officer’s direct observation established in Terry
Reasonable suspicion is the { }{ } for a stop.
1) Objective
2) Basis
Reasonableness of a stop is assessed through this test.
What is the totality-of-circumstances (whole picture) test
Reasonable suspicion = { } suspicion + { } suspicion
1) Individualized
2) Categorical
Why is categorical suspicion NEVER enough to establish reasonable suspicion?
Categorical suspicion is based on profiling
Is the location of a stop significant to whether it is valid or not? Why?
Yes; it is easier to make a stop in a high-crime area
What are the 3 objective quantifiable approaches to whether a stop is valid based on location?
1) Criminal activity
2) Geography & timing
3) Criminal activity/officer observation link
Lists of characteristics that drug traffickers supposedly possess.
What are drug courier profiles?
According to Reid v. Georgia (1980), why is a drug courier profile by itself not enough to amount to reasonable suspicion?
Drug courier profiles are only categorical suspicions
What are the 3 elements of a lawful frisk?
1) Lawful stop
2) Reasonable suspicion of armed/dangerous suspect
3) Search limited to light, over-the-clothes patdown
