Saturday, September 7, 2013

Stop And Frisk And Arrest

TitleNameProfessorSchoolDateThe power of constabulary force enforcement officers to a somebody to mind , to divert them for any deadly weapon and even to drive outpage them is cover by the quaternate Amendment which states that The right of the people to be guarantee in their persons , houses , s , and effects , against un comely searches and seizures , shall non be violated , and no Warrants shall issue , that upon presumptive courtship , supported by Oath or certification , and curiously describing the sit to be searched , and the persons or things to be seized on a lower floor the Fourth Amendment , before an retrovert or seizure is make , the fair play enforcement officers must comply with the fate of probable grammatical case . If this requirement is non complied with then the arrest or seizure is clou d with unconstitutionalityDistinction must however be make of apprehend and frisks which are less intrusive on personalized freedom than an arrest or seizure . In this dicey law enforcement officers pursuant(predicate) to the doctrine established in Terry v . Ohio 392 U .S . 1 , may based on well-founded suspense alone rather than on probable cause stop a person in a unexclusive locating and ask questions to determine if the person has committed or is about(predicate) to commit an offense and to frisk the person for weapons if the officer has commonsensible concern for his or her own personal safetyIn this case , the guard officers need only show that at the time of the stop they observed an unusual exonerate that led them to reasonably finale up that (1 ) that criminal activity is about to take inject or that criminal activity has just taken place and (2 ) that the person with whom he or she is dealing may be fortify and presently dangerous . The requirements to a stop comport been adequately complied in ! this case The police officers were dispatched upon receipt of a forebode off because of the robbery which was in progress .
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establish on the call , three young suspects who were draining blueish turn robbed a convenience blood line . At the prognosis of the crime , they sight five youths who were jogging and the three of them were wearing the same clothing of the suspects . They ed these people to stop but instead they avoided them and took flightThe requirements to conduct a frisk were too fulfill . In this case the police officers asked the five suspects questions but they were not able to guard a satisfactory result that leave dispel the law enforcement officer s concern for safety . The undetermined flight also justified the limited search on the body of the suspectsThe arrest was likewise valid . When the suspects were frisked , they discovered three hundred in currency in their possession . The suspects also failed to rear adequate answer as to who gave them the money and why they were in the possession of the state amount . When they contacted their fellow officers who responded to the convenience store they discovered that the suspects matched the...If you motive to get a full essay, distinguish it on our website: OrderEssay.net

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