Arrest Vs Terry Stop

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1) Explain the differences between an arrest and a Terry stop.
• A Terry stop is for a fairly short duration and that the detention will be no longer than necessary to effectuate the purpose of the detention. During a Terry stop the officer may only pat-down the individual for presence of weapons and only if the office has reasonable suspicion that the individual may be a danger to the officer or others. For a formal arrest there must be probable cause to believe that the person to be arrested has committed or is committing a crime. A warrant is preferred during an arrest. There are no time limits for an arrest. Lastly, for an arrest you can do a full body search and search of the area immediately surrounding the area where the person is arrested is allowed (p. 98).

2) Explain the California Supreme Courts ruling in Ingersoll v. Palmer, 743 P.2d. 1299 (1987).
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The first guideline is it must meet the reasonableness standard under the 4th amendment. The second guideline is there must be a neutral application of the screening process. The third guideline is there must be limits of the discretion of field officers. The fourth guideline is the checkpoint must be located in a reasonable location. The fifth guideline is law enforcement officers will be expected to exercise good judgment in setting times and duration, with an eye to effectiveness of the operation, and with the safety of motorist a coordinate consideration. The sixth guideline is advanced publicity is important to the maintenance of a constitutionally permissible sobriety checkpoint. It reduces the intrusiveness of the stop and increases the deterrent effect of the roadblock (p.

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