CJ265 MODULE 3

CJ265 MODULE 3

CJ265 MODULE 3

Passenger frisk

Frisking or "patdown" search for a garment which faces a police officer or other agents, law enforcement runs his hands along the outer clothing to discover any hidden weapons. In the case of Terry v. Ohio, 392 US 1 (1968), United States Supreme Court ruled that the police have the right to make a limited search for weapons based on a reasonable and particularly suspicion that the person stopped is "armed and dangerous." To rationalize the stop, law enforcement officer should have reasonable suspicion that a crime has been, at present, or might be committed. Under the recent U.S. Supreme Court case of Maryland V. Wilson, officials has the right to dispose of the passengers stopped the vehicle to exit the car (Barry, Howard, 1987). If the officer reasonably believes that a suspect is in possession of a weapon that constitutes a danger to the officer or others, he may hold frisking outer clothing of a suspect in the search for weapons. Flight from police

The arrest and search warrants, usually conducted on the basis of reasonable suspicion is somewhat lower standard than probable cause. He also noted that the interests of crime prevention and security police demanded that the police have some leeway to act until the probable cause developed. "The only justification for the search, said the Court, is" the protection of a police officer and others nearby. Because of this narrow scope; FRISK must be "reasonably designed to detect guns, knives, clubs or other hidden instruments for attack on policeman (Barry, Howard, 1987). No officer has reasonable suspicion to stop and search was constitutional under the Fourth Amendment. This statement is based on all the circumstances. This may include information from police reports and review of the methods or models of ...