This topic contains a solution. Click here to go to the answer

Author Question: At what point does a stop evolve into an arrest? What will be an ideal ... (Read 59 times)

aabwk4

  • Hero Member
  • *****
  • Posts: 593
At what point does a stop evolve into an arrest?
 
  What will be an ideal response?

Question 2

Why is the duration of a stop important?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

britb2u

  • Sr. Member
  • ****
  • Posts: 331
Answer to Question 1

A Terry stop/seizure is characterized by two specific events:

(1) The police question a person or communicate with him or her.
(2) A reasonable person would believe that he or she is not free to leave.

Reasonable suspicion is required in order to make a Terry stop conform to Fourth Amendment requirements. Conversely, if an officer detains a person in such a manner that a reasonable person would believe he or she is free to leave, the protections of the Fourth Amendment do not apply, and reasonable suspicion is not required. If the officer wishes to conduct a friska separate act from a stophe or she must have reasonable suspicion that the suspect is armed and dangerous, not just reasonable suspicion, as required for a Terry stop. There are no clear answers as to what is the appropriate duration for a stop. However, as the Supreme Court suggested in United States v. Mendenhall, a lengthy stop is constitutionally permissible when:

(a) the public interest is served by the seizure,
(b) the nature and scope of the intrusion are not excessive, and
(c) the officer possesses enough in the way of objective facts to justify the stop.

Thus, if a person is stopped and detained for a long time based on an officer's hunch but poses no threat to public safety, the stop will probably be declared illegal. In such a situation, the stop would need to be justified by probable cause because it would amount to a de facto arrest.

Answer to Question 2

Unfortunately, there are few clear guidelines as to the appropriate duration of a stop. The Supreme Court has stated that the reasonableness of a stop turns on the facts and circumstances of each case. In particular, the Court has emphasized (1) the public interest served by the seizure, (2) the nature and scope of the intrusion, and (3) the objective facts upon which the law enforcement officer relied in light of his knowledge and expertise (Mendenhall, 446 U.S. 544).




aabwk4

  • Member
  • Posts: 593
Reply 2 on: Aug 17, 2018
Excellent


EAN94

  • Member
  • Posts: 307
Reply 3 on: Yesterday
Wow, this really help

 

Did you know?

The use of salicylates dates back 2,500 years to Hippocrates's recommendation of willow bark (from which a salicylate is derived) as an aid to the pains of childbirth. However, overdosage of salicylates can harm body fluids, electrolytes, the CNS, the GI tract, the ears, the lungs, the blood, the liver, and the kidneys and cause coma or death.

Did you know?

Cucumber slices relieve headaches by tightening blood vessels, reducing blood flow to the area, and relieving pressure.

Did you know?

Bacteria have flourished on the earth for over three billion years. They were the first life forms on the planet.

Did you know?

Today, nearly 8 out of 10 pregnant women living with HIV (about 1.1 million), receive antiretrovirals.

Did you know?

The largest baby ever born weighed more than 23 pounds but died just 11 hours after his birth in 1879. The largest surviving baby was born in October 2009 in Sumatra, Indonesia, and weighed an astounding 19.2 pounds at birth.

For a complete list of videos, visit our video library