Terry Stop
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Terry Stop
A ''Terry'' stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. ("In ''Terry v. Ohio'', 392 U. S. 1, 30 (1968), we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity "may be afoot," even if the officer lacks probable cause.") Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur on a bus. In the United States at the federal level, the Supreme Court has published many cases that define the ...
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Detention (imprisonment)
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation or as punishment for a crime (see prison). An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis. The term can also be used in reference to the holding of property for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest. Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify and ...
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Prohibition Against Unreasonable Searches And Seizures
Search and seizure is a procedure used in many Civil law (legal system), civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection from search a ...
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Plain View Doctrine
In the United States, the plain view doctrine is an exception to the Fourth Amendment's warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. The doctrine is also regularly used by Transportation Security Administration (TSA) officers while screening persons and property at U.S. airports.Why We Do What We Do: When Security Officers Find Illegal Items at the Checkpoint
For the plain view doctrine to apply for dis ...
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Frisking
Frisking (also called a patdown or pat down) is a search of a person's outer clothing wherein a person runs their hands along the outer garments of another to detect any concealed weapons or objects. U.S. Law In the United States, a law enforcement officer may briefly detain a person upon reasonable suspicion of involvement in a crime but short of probable cause to arrest; such a detention is known as a ''Terry'' stop. When a search for weapons is also authorized, the procedure is known as a stop and frisk. To justify the stop, a law enforcement officer must be able to point to "specific and articulable facts" that would indicate to a reasonable person that a crime has been, is being, or is about to be committed. If the officer reasonably suspects that the suspect is in possession of a weapon that is of danger to the officer or others, the officer may conduct a frisking of the suspect's outer garments to search for weapons. The search must be limited to what is necessary to ...
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Pennsylvania V
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, Maryland to its south, West Virginia to its southwest, Ohio to its west, Lake Erie and the Canadian province of Ontario to its northwest, New York to its north, and the Delaware River and New Jersey to its east. Pennsylvania is the fifth-most populous state in the nation with over 13 million residents as of 2020. It is the 33rd-largest state by area and ranks ninth among all states in population density. The southeastern Delaware Valley metropolitan area comprises and surrounds Philadelphia, the state's largest and nation's sixth most populous city. Another 2.37 million reside in Greater Pittsburgh in the southwest, centered around Pittsburgh, the state's second-largest and Western Pennsylvania's largest city. The state's subsequent f ...
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Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he practiced law and served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to a judgeship on the U.S. Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, and Stewart won Senate confirmation afterwards. He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart retired in 1981 and was succeeded by the first female U ...
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United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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Journal Of Criminal Law & Criminology
The ''Journal of Criminal Law & Criminology'' ("JCLC") is a peer-reviewed, student-run academic journal published by the Northwestern University School of Law Northwestern University Pritzker School of Law is the law school of Northwestern University, a private research university. It is located on the university's Chicago campus. Northwestern Law has been ranked among the top 14, or "T14" law s .... Student editors select and edit articles submitted by professors, scholars, judges, practitioners, and students. The ''Journal'' publishes four issues per year, and hosts an annual Symposium focused on a select topic of criminal law. History The journal was established in 1910 as the ''Journal of the American Institute of Criminal Law and Criminology'' by Dean John Henry Wigmore. From 1931 to 1951 it was named ''Journal of Criminal Law and Criminology'' and from 1951 to 1972 ''The Journal of Criminal Law, Criminology, and Police Science''. It received its current name in 1 ...
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Stop And Identify Statutes
"Stop and identify" statutes are laws in several U.S. states that authorize police to lawfully order people whom they reasonably suspect of a crime to state their name. If there is not reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to identify themselves, even in these states. The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants to be supported by probable cause. In '' Terry v. Ohio'' (1968), the U.S. Supreme Court established that it is constitutional for police to temporarily detain a person based on "specific and articulable facts" that establish reasonable suspicion that a crime has been or will be committed. An officer may conduct a patdown for weapons based on a reasonable suspicion that the person is armed and poses a threat to the officer or others. In '' Hiibel v. Sixth Judicial District Court of Nevada'' (2004), the Supreme Court held that statutes ...
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Hiibel V
''Hiibel v. Sixth Judicial District Court of Nevada'', 542 U.S. 177 (2004), is a United States Supreme Court case in which the Court held that a statute requiring suspects to disclose their names during a valid Terry stop does not violate the Fourth Amendment if the statute first requires reasonable suspicion of criminal involvement, and does not violate the Fifth Amendment if there is no allegation that their names could have caused an incrimination. Under the rubric of '' Terry v. Ohio'', , the minimal intrusion on a suspect's privacy, and the legitimate need of law enforcement officers to quickly dispel suspicion that an individual is engaged in criminal activity, justified requiring a suspect to disclose his or her name. The Court also held that the identification requirement did not violate Hiibel's Fifth Amendment rights since he did not articulate a reasonable belief that his name would be used to incriminate him; however, the Court left open the possibility that Fifth Ame ...
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Chicago Police Department
The Chicago Police Department (CPD) is the municipal law enforcement agency of the U.S. city of Chicago, Illinois, under the jurisdiction of the City Council. It is the second-largest municipal police department in the United States, behind the New York City Police Department. CPD currently has 11,710 sworn officers on duty, and over 1,925 other employees. Tracing its roots back to the year of 1835, the Chicago Police Department is one of the oldest modern police departments in the world. The Chicago Police Department has a history of police brutality, particularly targeting the African-American community in Chicago. In 2017, the United States Department of Justice strongly criticized the department for poor training, lack of oversight and routine use of excessive force. Department structure Office of the Superintendent The Superintendent of Police leads the Chicago Police Department. David O. Brown, former Chief of the Dallas Police Department, is the current Superin ...
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Illinois V
Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockford, as well Springfield, its capital. Of the fifty U.S. states, Illinois has the fifth-largest gross domestic product (GDP), the sixth-largest population, and the 25th-largest land area. Illinois has a highly diverse economy, with the global city of Chicago in the northeast, major industrial and agricultural hubs in the north and center, and natural resources such as coal, timber, and petroleum in the south. Owing to its central location and favorable geography, the state is a major transportation hub: the Port of Chicago has access to the Atlantic Ocean through the Great Lakes and Saint Lawrence Seaway and to the Gulf of Mexico from the Mississippi River via the Illinois Waterway. Additionally, the Mississippi, Ohio, and Wabash rive ...
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