Stop & Frisk

Where does the law of stop and frisk, use of force,- where doe the law of stops come

from?

It originated in England with the nights watch

Why did England create the nights watch?

The nights watch was created to stop people from going out at night due to safety

reasons and to prevent fires.

What amendment in the constitution has to do with stop and frisk?

4 th amendment

What level of proof do you need to stop a person?

You need probable cause to stop a person

What case brought up the issue of stop and frisk?

Terry vs Ohio-1968

What is the definition of probable cause?

Probable cause is a legal standard in the US that requires police to have a reasonable

basis to search arrest or seize property.

What is reasonable suspicion?

Reasonable suspicion is a legal standard in criminal law that allows police to briefly

detain and question individuals if they have specific reasons to suspect criminal activity.

Less demanding standard than probable cause.

Are Stop and Frisk considered two separate acts?

Yes, stop and frisk are considered two separate acts

What constitutes a stop? 3 phases

What form of seizures are most common?

Arrest is the most common form of seizure. The 4 th amendment is applicable

What are the 10 types of search and seizures?

Surgery to remove a bullet from a suspect's

chest removal of heroin capsules using stomach pumps

anal and cavity searches

arrest

removal of blood in a hospital

station house detention

Stop and Frisk

Immigration and border searches

Routine traffic stop of a vehicle

Roadblocks to control the flow of illegal aliens

Is racial profiling unconstitutional when arresting or stopping someone?

Racial profiling is unconstitutional, but race can be a factor but not the only factor.

How long is a stop valid?

At one case- 90 minutes was considered too long.

What degree of intrusion at a stop is permissible?

The investigative method used must be the least intrusive and the most reasonably

available to verify or dispel officer’s suspicion

What is the purpose of a frisk?

The frisk only has one purpose: the protection of the officer and others.

What manner is permissible when it comes to a frisk?

The least intrusive manner possible when performing a frisk just a basic pat down

What are the four elements of an arrest?

Seizure and detention

Intention to arrest

Arrest authority

The understanding of the individual that he or she is being arrested

What is the most common when it comes to arrest is it more common with or without a

warrant?

More common without a warrant

Who can issue a warrant?

A complaint (by the victim or a police officer) must be filed before a magistrate or judge/

justice usually strictly a judicial thing so a judge or judicial official officer.

When should you get a warrant?

An arrest warrant should be executed without unreasonable delay. An arrest warrant

doesn’t expire until it is executed or withdrawn.

When can you arrest without a warrant?

When exigent circumstances are present such as:

Possibility of disappearance

Hot pursuit

Who can arrest without a warrant?

The officer must have the authority to arrest in order to do it without a warrant

NJ state police can arrest anyone 24/7 since they always have the authority to arrest

Is the use of force allowed?

The use of force is allowed but needs to be reasonable.

Where are the rights located in the constitution and the state constitution?

Rights are in the body of the NJ constitution first paragraph

Rights are an afterthought in the us constitution they are called amendments in the bill

of rights.