Chapter 4: Stop and Frisk pt.2

These flashcards encompass key legal concepts, cases, and principles regarding reasonable stops, searches, and the balance between law enforcement and individual rights.

Reasonable Stop

A stop supported by reasonable suspicion, which is more than a hunch but less than probable cause.

Reasonable Suspicion

A standard of evidence that is more than a hunch and less than probable cause, allowing law enforcement to make a stop.

Whole Picture Test

A method for evaluating whether a stop is justified based on the totality of circumstances.

Direct Information

Firsthand evidence such as flight, furtive movement, hiding, and contradicting answers that may contribute to reasonable suspicion.

Hearsay Information

Information received from another person, such as statements from victims or eyewitnesses, which can support a finding of reasonable suspicion.

Illinois v. Wardlow

A 2000 Supreme Court case where the Court ruled that running from police in a high crime area can establish reasonable suspicion.

Terry Stop

A brief detention of a person by police on reasonable suspicion of involvement in criminal activity.

Scope of the Stop

The appropriate duration and location parameters for a lawful stop, ensuring it is not prolonged or invasive.

Frisks

A limited pat-down search conducted by police to check for weapons, justified by reasonable suspicion.

Hiibel v. Humboldt County

A case where the Court upheld the requirement that suspects must identify themselves during a lawful detention.

Navarette v. California

A case affirming that an anonymous 911 tip can provide sufficient basis for reasonable suspicion if corroborated by other facts.

Michigan v. Sitz

A Supreme Court case that determined sobriety checkpoints did not violate the Fourth Amendment.

Dissenting Opinion

A separate opinion in a legal case by one or more judges expressing disagreement with the majority decision.

Traffic Stops

Detentions of drivers on the road, which entail a reduced expectation of privacy and heightened safety concerns for law enforcement.

Checkpoint

A location where law enforcement can stop vehicles to check for compliance with laws, particularly regarding substance use.

U.S. v. Montoya-Hernandez

A case discussing the Forth Amendment rights of individuals at international borders, indicating lower privacy expectations.

Fourth Amendment

The constitutional amendment providing protection against unreasonable searches and seizures.

Evidence of Guilt

Circumstantial factors, such as flight or evasive answers, that may lead police to suspect criminal behavior.

Burden of Proof

The obligation to present evidence to support one's claim or argument in legal proceedings.

Seizure

A governmental action where a person's freedom of movement is restrained, typically requiring reasonable suspicion.

Pat-Down Search

A limited search conducted for weapons, based on the officer's reasonable belief that the individual may be armed.

Public Safety Concerns

Factors that may justify law enforcement actions, particularly in situations involving potential dangers to the community.

Legitimate Government Function

A purpose or action taken by the government that is deemed necessary to protect public safety and welfare.

Evasive Behavior

Actions by a suspect, such as flight or contradictory answers, suggesting a desire to avoid law enforcement.

Standard of Review

The criteria used by courts to evaluate the legality of law enforcement stops and searches.

Individualized Suspicion

A specific, particularized suspicion regarding an individual that justifies a stop or search.

Burden on Previous Rulings

The effect that new cases have on established legal precedents, particularly regarding reasonable suspicion and stops.

Legitimate Expectations of Privacy

A legal standard determining whether an individual has a right to privacy in the context of searches or seizures.

Constitutional Rights

The fundamental rights and freedoms guaranteed to individuals by the Constitution, often invoked in legal cases.

Police Discretion

The agency allowed to law enforcement officers to make decisions based on their judgment in various situations.

Civil Liberties

Basic rights and freedoms protected from infringement by government, including the rights to due process and privacy.

Totality of the Circumstances

A legal standard requiring consideration of all factors in a situation to evaluate its reasonableness.

Stop and Frisk Policy

A practice allowing police to stop and search individuals based on reasonable suspicion of criminal activity.

Invasive Detention

A broader and more intrusive form of detention requiring probable cause rather than reasonable suspicion.

Anonymous Tip

A call or message received by law enforcement, often providing information that can lead to a police response.

High Crime Area

A geographic location typically associated with elevated levels of criminal activity, influencing police assessments.

Conducting Investigations

The process of gathering evidence and information to determine if a crime has occurred.

Unlawful Detention

Holding an individual without a legal basis, violating their rights under the Fourth Amendment.