To justify a temporary detention under Terry v. Ohio, there must be
Question
To justify a temporary detention under Terry v. Ohio, there must be
Solution
To justify a temporary detention under Terry v. Ohio, there must be "reasonable suspicion" that a crime has been, is being, or is about to be committed. This is a lower standard than the "probable cause" needed for an arrest, search, and seizure.
Here are the steps:
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Reasonable Suspicion: The police officer must have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. This suspicion must be based on "specific and articulable facts" and not merely upon the officer's intuition.
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Safety: The officer can pat down the suspect for weapons if they believe the person is armed and presently dangerous. This is for the safety of the officer.
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Scope of Search: The search must be limited to what is necessary to discover weapons; however, if contraband is found during this protective search, it can be seized.
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Duration: The stop can last no longer than necessary to effectuate the purpose of the stop.
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Identity: The officer may ask the suspect to identify themselves.
Remember, the Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures. The Terry v. Ohio case established the standard for temporary detentions.
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