Constitutional and Case Law Flashcards

Under Terry v. Ohio (1968), an officer may stop and frisk a person based on what standard?

Answer: Reasonable suspicion of criminal activity and that the person is armed

Terry permits a brief stop on reasonable, articulable suspicion of crime and a frisk for weapons if the officer reasonably believes the person is armed.

A Terry frisk is limited to what purpose?

Answer: A pat-down of outer clothing for weapons

A Terry frisk is a protective pat-down of outer clothing limited to discovering weapons, not a general evidentiary search.

Under the 'plain feel' doctrine from Minnesota v. Dickerson, an officer may seize an item during a frisk only if its identity as contraband is what?

Answer: Immediately apparent by touch

Dickerson allows seizure only when the contraband's incriminating nature is immediately apparent through the pat-down without further manipulation.

What constitutional amendment protects against unreasonable searches and seizures?

Answer: Fourth

The Fourth Amendment guards against unreasonable searches and seizures and sets warrant requirements.

In Illinois v. Wardlow, the Supreme Court held that unprovoked flight in a high-crime area can support what?

Answer: Reasonable suspicion for a Terry stop

Wardlow held that headlong, unprovoked flight in a high-crime area is a factor supporting reasonable suspicion for a stop.

How long may an investigative detention based on reasonable suspicion last?

Answer: Only as long as needed to confirm or dispel suspicion

A Terry stop must be temporary and last no longer than necessary to diligently pursue the investigation that justified it.

An officer needs reasonable suspicion to stop a vehicle for a traffic violation. This rule stems primarily from interpretation of which amendment?

Answer: Fourth

Traffic stops are seizures, so the Fourth Amendment requires at least reasonable suspicion that a violation occurred.