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Stops, Frisks, and Terry Stops - Research Paper Example

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Law Research Paper Name: University: Abstract Stops, frisk and Terry stop are brief detention by the law enforcement officers if there is sufficient and probable cause to believe that the person has committed a felony. This standard of suspicion is often the same standard of issuing a warrant of arrest…
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Stops, Frisks, and Terry Stops
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Download file to see previous pages This paper will analyze the Terry stop legal issue and its impact in the society. The paper will also look at constitutional issues that touch on the matter and the impact that they have had. Introduction The issue of stop, frisk and Terry stop is very controversial and has been debated for a long period of time. A Terry stop involves stopping of an individual by a law enforcement officer for frisking and in some cases a short detention. An individual may be stopped for frisking if they are suspected of having committed or being likely to commit a crime by a law enforcement officer. As one undergoes a Terry stop, the police officer frisks and individual (the suspect) to ensure that the officer is not in danger or other members of the public (Acker & Brody, 2012). A Terry stop is different from an arrest since it takes less time and is accompanied by less legal procedures. During a Terry Stop, a police officer usually confirm the details of the suspect and finds out whether they have a criminal record or outstanding fines or arrest warrants that have been issued against them. Groups that represent both sides of the argument present their debates which sound justified. Records of crime statistics show that there has been an increase in crimes that are committed all over the country. People all over the world feel that is up to the government to introduce measures that lead to a reduction of crime levels. Stop, frisks and Terry stops is one of the ways that was introduced by the government to try and curb crime levels all over the country. Law enforcers feel that prevention of crimes consumes fewer resources and saves more lives for minimal inconvenience if any to those that undergo the Terry stops. Discussions Stops, Frisks, and Terry Stops affect many individuals in the United States and perceptions on the government and law enforcement officers. This constitutional issue also affects the constitutional rights of individuals. Terry stop and frisk involves detention by police if they are suspicious that an individual has been involved in committing a crime. The Terry stop and frisk law was introduced in 1968 after the Terry v. Ohio, 392 U.S 1 (1968) court decision that was made by the Supreme court in the United States. The decision also authorized the police to conduct searches on the outer garments of the suspect if they have articulable suspicion that the suspect is armed and dangerous. The court authorized law enforcers to being able to detain an individual who they suspect is involved in committing a crime. Law enforcement officers also have the legal right to search the individual that they have detained. In some cases, the law enforcers might feel that the suspect might be in possession of a weapon, and may be planning to use in order to commit a crime. The rationale that causes the law enforcers to feel that the individual is likely to commit a crime should be reasonable. For example, a suspect might look overly nervous yet there is no evident reason why they should appear so. Such behavior might be an indication that such an individual is about to commit a crime. The law authorizes police officers to seize any form of contraband that they would find on a suspect while conducting the frisking. However there are some conditions in the frisking of the suspect (Acker & Brody, 2012). The frisking should be limited to the outer clothing of the ...Download file to see next pagesRead More
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