chap 4: stop and frisk

4th amendment stops

are brief detentions that allow police to briefly freeze and investigate suspicious situations

4th amendment frisk

“Once-over-lightly” pat downs of outer clothing

Two approaches to the 4th amendment analysis

Reasonable clause and warrant clause

Reasonableness clause

The right of the people to be secure in their persons, house, papers and effects against unreasonable searches and seizures shall not be violated

Warrant clause

and no warrants shall issue but upon probable cause, supported by oath or affirmation

Only “reasonable” search and seizure are

With a warrant

1960s courts shifted warrant clause in 4th amendment to

Warrant and reasonableness clauses are separate and address different issues

Reasonableness test

Balancing element and objective basis

Balancing element

The need to search and seize outweighs the invasion of liberty and privacy rights of individuals

Objective basis

There are enough facts and circumstances to back up the search and seizure

Reasonable stops

Short duration/ on the spot investigation

Short duration

No specific time limit but must be reasonable

On the spot investigations

Officer may move suspects a short distance

Direct information

Facts and circumstances officers learn firsthand

Hearsay information

Facts and circumstances officers learn second hand

Lawful frisk has 3 elements

• a lawful stop

• Reasonable suspicion

• The search is limited to once over lightly pat down of outer clothing

If contraband is discovered

It can be seized