Stop & Frisk

Stop and Frisk

Two separate acts involving the temporary detention and search of an individual by law enforcement.

Nights Watch

An early form of law enforcement in England created to enhance safety and prevent fires.

Fourth Amendment

The amendment that protects against unreasonable searches and seizures.

Probable Cause

A legal standard requiring police to have a reasonable basis to search, arrest, or seize property.

Reasonable Suspicion

A lower standard than probable cause allowing police to briefly detain and question individuals suspected of criminal activity.

Terry v. Ohio (1968)

The court case that established the legality of stop and frisk practices.

Legal Standard

The criterion used in court to determine the legitimacy of police actions.

Seizures

Actions where law enforcement takes control over a person or property.

Arrest

The most common form of seizure under the Fourth Amendment.

Types of Search and Seizures

Methods including surgery to remove bullets, anal searches, arrests, and routine traffic stops.

Racial Profiling

Unconstitutional practice of using race as the sole factor for stopping an individual.

Validity of a Stop

A stop is valid for a limited time; a case established that 90 minutes is excessively long.

Investigative Method

The technique used by police that must be the least intrusive to verify suspicion.

Purpose of a Frisk

To protect the officer and others during a stop.

Frisk Method

Should be conducted in a least intrusive manner, typically a pat down.

Four Elements of an Arrest

Seizure and detention, intention to arrest, arrest authority, understanding of arrest.

Arrests Without Warrant

More common compared to arrests made with a warrant.

Issuance of Warrant

A complaint must be filed with a judicial official before a warrant can be issued.

Execution of Warrant

An arrest warrant must be executed without unreasonable delays.

Exigent Circumstances

Situations allowing arrest without a warrant, such as hot pursuit or risk of evidence loss.

Authority to Arrest

Officers must have the authority to arrest individuals without a warrant.

Use of Force

Allowed in law enforcement but must be reasonable.

Rights in the Constitution

Located in the body of the NJ constitution; US rights are outlined in amendments within the Bill of Rights.

Who can arrest without a warrant?

An officer with arrest authority can perform arrests without a warrant.

Permissible Degree of Intrusion

The least intrusive method necessary when stopping an individual.

Stop Definition

Entails specific phases including the justification for the stop.

Stop and Frisk Legal Standard

Involves probable cause for stop and reasonable suspicion for frisk.

NJ State Police Arrest Authority

They have the authority to arrest individuals at any time.

Bill of Rights

The first ten amendments to the US Constitution, outlining individual rights.

Unconstitutional Practices

Certain actions such as racial profiling are deemed unconstitutional in law enforcement.

Investigatory Stop

A brief detention of a person based on reasonable suspicion.

Legal Basis for Stop

Police must demonstrate a reasonable basis for stopping an individual.

Investigative Stop Duration

Duration of an investigative stop should not exceed reasonable time limits.

Constitutional Amendments

Rights are often detailed in subsequent amendments, contrasting with state constitutions.

Exclusionary Rule

A legal principle preventing the use of illegally obtained evidence in court.

Judicial Oversight of Arrests

A warrant process involving a judge ensures checks on law enforcement actions.