Stop and Frisk
"Frequently, the police will observe
somebody who needs to be checked out.
That is the purpose of a stop and frisk,
which has many different names: a field
interview, a field inquiry, a threshold
inquiry, or just routine questioning. Terry v.
Ohio (1968), an 8-1 decision with only
Justice Douglas dissenting, gave police the
right to temporarily detain somebody if
there are specific articulable facts leading
a reasonable police officer to believe a
crime might be occurring. This standard is
known as "reasonable suspicion," although
some people call it articulable suspicion or
more than mere suspicion. It is not
necessary for the officer to articulate or
identify a specific crime they think is being
committed, only that a set of factual
circumstances exist that would lead a
reasonable officer to believe that criminal
activity is occurring. Note that arrest,
search, and seizure require probable
cause, or what a "reasonable person"
would believe. Stop and frisk, by contrast,
requires what a "reasonable officer" would
believe. Reasonable suspicion is one step
below probable cause and one step above a
"I've never understood how some police
officers get stuck on stupid when it comes to
articulating reasonable suspicion."
~ Barry M. Baker
Police officers have the same problem with
reasonable suspicion as they have with probable
cause...they often fail to articulate the
circumstances which lead to the reasonable
suspicion. Your reasonable suspicion will often lead
to probable cause and the arrest of an
individual(s). However, if you fail to establish that
you had reasonable suspicion to conduct the stop
which leads to the ultimate arrest, the fruits of your
original suspicion will be lost. Like probable cause,
reasonable suspicion is not a difficult concept to
comprehend. I've never understood how some
police officers get stuck on stupid when it comes to
articulating reasonable suspicion. Read and
comprehend the information at the link I've
provided below, and you'll never have that problem.
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