Author Question: How does stop-and-frisk loosen the Fourth Amendment's restraints? What will be an ideal ... (Read 93 times)

misspop · **on:** Aug 17, 2018

How does stop-and-frisk loosen the Fourth Amendment's restraints?

What will be an ideal response?

Question 2

Why is it important to treat a stop and a frisk as two separate acts?

What will be an ideal response?

rachel · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Reasonable suspicion is something of a compromise between the conflicting goals of crime control and due process; it can be seen as achieving a balance between having unrestricted law enforcement and being able to apprehend lawbreakers. When police activity does not constitute a search, the Fourth Amendment does not apply. By extension, then, when the Fourth Amendment does not apply, probable cause is not required. Much the same logic applies to a stop-and-frisk. If police conduct falls short of a stop or a frisk, the Fourth Amendment does not apply.

Answer to Question 2

Great help.