Author Question: In United States v. Arvizu (534 U.S. 266 2001), the Court held that a reasonable suspicion ... (Read 49 times)

saraeharris

  • Hero Member
  • *****
  • Posts: 546
In United States v. Arvizu (534 U.S. 266 2001), the Court held that a reasonable suspicion determination in automobile stop cases is based on the totality of the circumstances rather than each act viewed separately. What do you think is the reasoning for the totality of the circumstances requirement?
 
  What will be an ideal response?

Question 2

The U.S. Supreme Court has held that although a vehicle stop is a form of seizure, the motorist is not fully protected by the Fourth Amendment. Explain the reasons given by the Supreme Court in this decision. Do you agree? Why or why not?
 
  What will be an ideal response?



ktidd

  • Sr. Member
  • ****
  • Posts: 319
Answer to Question 1

The reasoning for the totality of the circumstances requirement is to allow officers to
rely on a number of factors that individually may not constitute reasonable suspicion
and to allow officers to draw on their own experiences and specialized training to
make inferences from and deductions about the cumulative information available.

Answer to Question 2

A vehicle stop is less intrusive, so neither a warrant nor probable cause is required.
However, some justification (usually reasonable suspicion or something similar) is
required. I agree with this rule. Our expectation of privacy is considerably less than
our expectation of privacy in our homes. Also, the state has an interest in regulating
the operation of motor vehicles on public roads and highways, thus requiring greater
authority in the state and its agents when dealing with vehicles.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

About 3% of all pregnant women will give birth to twins, which is an increase in rate of nearly 60% since the early 1980s.

Did you know?

Historic treatments for rheumatoid arthritis have included gold salts, acupuncture, a diet consisting of apples or rhubarb, nutmeg, nettles, bee venom, bracelets made of copper, prayer, rest, tooth extractions, fasting, honey, vitamins, insulin, snow collected on Christmas, magnets, and electric convulsion therapy.

Did you know?

Though “Krazy Glue” or “Super Glue” has the ability to seal small wounds, it is not recommended for this purpose since it contains many substances that should not enter the body through the skin, and may be harmful.

Did you know?

For about 100 years, scientists thought that peptic ulcers were caused by stress, spicy food, and alcohol. Later, researchers added stomach acid to the list of causes and began treating ulcers with antacids. Now it is known that peptic ulcers are predominantly caused by Helicobacter pylori, a spiral-shaped bacterium that normally exist in the stomach.

Did you know?

The heart is located in the center of the chest, with part of it tipped slightly so that it taps against the left side of the chest.

For a complete list of videos, visit our video library