Answer to Question 1
Answer: A good answer should define the basic stop-and-frisk standards of reasonable suspicion and indicate that the independent reasonable suspicion is needed for both the stop and the frisk. A stop means the suspect is not free to leave. A frisk is a limited pat-down of the suspect's outer clothing. A search is a more intrusive invasion of a person's reasonable expectation of privacy that requires probable cause. Students should explain how justifiable frisks can lead to searches especially based on the plain touch doctrine.
Answer to Question 2
Answer: Good answers should explain the Terry v. Ohio reasoning of allowing the police the leeway in detecting crime in appropriate circumstances, yet in a limited way. Then the issue becomes whether the Supreme Court has found the right balance. Students need to support their positions by distinguishing the Terry rules and explaining how the doctrine has been expanded. The focus should revolve around a reasonable expectation of privacy.
Terry Winters, Color and Information.
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