officers are authorized to conduct “a brief investigatory stop of an individual when there is reasonable and articulable suspicion that criminal activity is afoot.” A justifiable reasonable suspicion should take into consideration the complete scene and circumstances, just like it was ruled in United States v. Cortez in 1981. The Court held that the totality of the circumstances should be taken into consideration before conducting an investigatory stop. In this case, unprovoked flight in a high crime…
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client’s case, the court held that an anonymous call could not provide reasonable suspicion for a stop-and-frisk if the police officer had no other evidence of illegal activity. The Baptiste court cited the landmark case Terry v. Ohio, 392 U.S. 1 (1968), where the Supreme Court ultimately held that an officer must have reasonable suspicion to perform a legal investigatory stop, called a Terry stop. Another case cited by the Baptiste court was Florida v. J.L., 529 U.S. 266 (2000), where the U.S…
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judgement call to pull over an individual to make an investigatory stop based only on a hunch of speculation. Failure, by an officer to use good judgement when deciding to conduct an investigatory stop, can have serious consequences and lawsuits can occur deeming these poor judgment calls, as illegal terry stops. For a terry stop to be legal and which may result in the officer finding any evidence obtained as a result from a lawful terry stop, the officer will need to base their decision to perform…
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OFFICER TAYLOR WAS NOT REQUIRED TO GIVE THE DEFENDANT MIRANDA WARNINGS ON THE STAIRCASE BECAUSE THE QUESTIONS HE ASKED WERE PRELIMINARY IN NATURE AND THE DEFENDANT WAS NOT IN CUSTODY. Miranda warnings are required only before custodial interrogations. (People v. Davison (2013) 221 Cal. App. 4th 966.) If a statement is made in a non-custodial setting and is preliminary in nature, the statements are admissible against the speaker even when they are not preceded by Miranda warnings. (People v. Battaglia…
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(People v. Souza (1994) 9 Cal.4th 224.) Nonetheless, an investigatory stop based on mere curiosity, rumor or hunch is an unlawful seizure, even though the officer may be acting in good faith. (People v. Clair (1992) 2 Cal.4th 629; see also People v. Hester (2004) 119 Cal.App.4th 373 (holding an officer's hunches and…
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Between 1950 and 2001 two major documents would be put into place to better the United States. The first document was the National Security Council Paper 68 (NSC-68) and the other the Patriot Act. Both similar in some ways, but also very different they both play an important role in the shaping of America. What are these two documents, and how do they help? The National Security Council Paper 68, or NSC-68, would first introduced in the 1950’s. This document was handed to President Harry S Truman…
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Terry v. Ohio Decision: 8 votes for Ohio, 1 vote(s) against Legal provision: Amendment 4: Fourth Amendment “In an 8-to-1 decision, the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. Attempting to focus narrowly on the facts of this particular case, the Court found that the officer acted on more than a "hunch" and that "a reasonably prudent man would have been warranted…
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A little over two and a half decades ago, a North Carolina Department of Transportation maintenance worker (Dethorne Graham) changed the way officers across the country can legally apply the correct use-of-force in any incident. The Graham v. Connor case adjusted the way the courts and the people look at use-of-force cases and properly determine the legality of them. The ruling has held up this long, and has proven its effectiveness. I have confidence that it will stand for the foreseeable future…
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The Terry v. Ohio case set a precedent for a number of Supreme Court cases that took place in the following years. The “terry frisk” caused a multitude of problems for future people dealing with law enforcement. Every day citizens have to become more cautious when being around a cop because as long as they give the officer a reason to think they will cause harm, the officer has every right to pat down the suspect. The most common cause of the cases is people not cooperating with the police officers…
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When it comes to the Fourth Amendment, there are many steps that have to be taken to ensure that it is not violated. One way to reduce the possibility of violating the Fourth Amendment is having probable cause so that one's home can be legally searched and evidence can be seized. When something is about to be searched, or seized there must be probable cause or reasonable suspicion in order for an individual’s rights to not be violated. There is a difference between probable cause and reasonable suspicion…
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