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Tuesday, January 22, 2013

Stop And Frisk And Arrest

TitleNameProfessorSchoolDateThe power of constabulary force enforcement officers to a somebody to head , to divert them for any deadly weapon and even to verification 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 not be violated , and no Warrants shall issue , but upon probable courtship , supported by Oath or affirmation , and curiously describing the sit to be searched , and the persons or things to be seized Under the Fourth Amendment , before an retrovert or seizure is made , the fair play enforcement officers must comply with the fate of probable cause . If this requirement is not complied with then the arrest or seizure is cloud with unconstitutionalityDistinction must however be made of apprehend and frisks which are less intrusive on personal freedom than an arrest or seizure . In this slick law enforcement officers pursuant(predicate) to the doctrine established in Terry v . Ohio 392 U .S . 1 , may based on reasonable suspense alone rather than on probable cause stop a person in a public place 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 reasonable concern for his or her own personal safetyIn this case , the police officers need only show that at the time of the stop they observed an unusual exonerate that led them to reasonably close up that (1 ) that criminal activity is about to take place 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 have 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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Based on the call , three young suspects who were wearing dark turn robbed a convenience store . At the scene 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 satisfied . In this case the police officers asked the five suspects questions but they were not able to guard a satisfactory result that will dispel the law enforcement officer s concern for safety . The unexplained flight also justified the limited search on the body of the suspectsThe arrest was likewise valid . When the suspects were frisked , they discovered 300 in currency in their possession . The suspects also failed to provide 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, order it on our website: Orderessay

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