What circumstances must be present for a stop and frisk to b

What circumstances must be present for a stop and frisk to be applicable? What role does Terry v. Ohio, 392 U.S. 1 (1968) have to play in the development of this exception? Give a current day example of a stop and frisk scenario

Solution

CIRCUMSTANCES BREHIND THE STOP & FRISK:h Stop-question-and-frisk in New York is a practice of the New York City Police Department in which police officers stop and question a walkers, then frisk them for weaponsorfor something.this is what is known in other places as the Terry stop.

Under following Circumstances the STOP can follows:

Arrests are subject to the requirements of the Fourth Amendment, but the courts have followed the common law in upholding the right of police officers to take a person into custody without a warrant if they have probable cause to believe that the person to be arrested has committed a felony or a misdemeanor in their presence. There are, however, instances when a policeman\'s suspicions will have been aroused by someone\'s conduct or manner, but probable cause for placing such a person under arrest will be lacking.185 In Terry v. Ohio,186 the Court almost unanimously approved an on-the-street investigation by a police officer which involved \"patting down\" the subject of the investigation for weapons.

A frisk is justified under the following circumstances:

Current day scenario example:The probable cause is, of course, the same standard required to be met in the issuance of an arrest warrant, and must be satisfied by conditions existing prior to the policeman\'s stop, what is discovered thereafter not sufficing to establish retroactively reasonable cause.

Michigan v. Long.suspect appeared to be under the influence of drugs, officer spied hunting knife exposed on floor of front seat and searched remainder of passenger compartment). Similar reasoning has been applied to uphold a \"protective sweep\" of a home in which an arrest is made if arresting officers have a reasonable belief that the area swept may harbor another individual posing a danger to the officers or to others