CRM_J 420 Study Guide - Midterm Guide: Arrest Warrant, Reasonable Suspicion, Antonin Scalia
16 May 2017
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Stop and frisk came from terry vs. ohio (1969): when the police don"t have probable cause but they have reasonable suspicion they can stop and frisk, a stop is the beginning to an investigation. Seizure: arrest, form of seizure, all arrests are seizures, stop, not an arrest, but a form of seizure, not all seizures are stops & not all seizures are arrests, limited in time and limited in scope, encounter. Reasonable suspicion- allows the police to do something, not as much as if they had probable cause, but they can do a stop and frisk. Suspicion that is reasonable and that is based on facts (articulable). Totality of the circumstances= probable cause and reasonable suspicion. Terry vs. ohio (1969: where stop and frisk came from. Reasonable suspicion: (something less than probable cause but more than mere suspicion). Investigative detention: seizure that is limited in purpose to investigate.
