4th ammendment search and seizure

Overview of Terry stop and frisk and warrantless arrest

Category:

Education

Tags:

• Terry
• stop
• and
• frisk
• arrest
• search
• fourth
• amendment
• warrantless

[hartnelllstorm]

As you noted, "probable cause is essential."  As stated in my video, the frisk is intended to ascertain whether or not the defendant is armed. However, it could give rise to probable cause that the defendant possesses contraband. Read: Minnesota v. Dickerson for a discussion of the plain feel doctrine.

[cholo2les]

this information is incorrect and you need to look at the constitution, the forth amendment protects you from these types of illegal procedures.

[hartnelllstorm]

@cholo2les The entire video discusses the fourth amendment's protections. None of the situations mentioned are illegal; Terry stops and warrantless arrests are common, every day procedures.

[hartnelllstorm]

I'm happy to help!

[krayan99]

U are cute

[greggh]

@greggh "In this case, for example, the Ohio Court of Appeals stated that 'we must be careful to distinguish that the "frisk" authorized herein includes only a "frisk" for a dangerous weapon. It by no means authorizes a search for contraband, evidentiary material, or anything else in the absence of reasonable grounds to arrest. Such a search is controlled by the requirements of the Fourth Amendment, and probable cause is essential.' " (392 U.S. 1, at 16, Fn 12, quoting State v. Terry, 5 Ohio App

[greggh]

I don't believe you're correct about being able to seize non-weapon contraband felt during a Terry frisk. I think a Terry frisk only allows an officer to seize what he thinks to be a weapon of some sort. For instance if an officer feels something that resembles a crack pipe, he would not be able to seize it during a Terry stop because it is not a weapon and poses no threat to the officer. I could be wrong, but I do remember reading that this is indeed the case.

[LordZacknafien]

this is all fine and dandy hartnelllstorm but do you think the cops give a shit about all this?...Um HELL NO LOL!.

If a cop Pulls you over to the side and searches you they have the power to to plant anything on you just so you can be another number in thier arrest quota for the day so they can collect that little extra bonus in thier paychecks.

I have seen this a few times before but i was unable to do anything about it.

[cholo2les]

Stop and Frisk is a criminal act by police cause they are sworn uphold and protect the Constitution. the Fourth Amendment enumerates this right and no one can take that right from you with out due process of law. their own rules doesn't even define stop and frisk, just look at NYS penal code & criminal law procedure. I've already won 2X in court when being charged with the penal code, its unconstitutional, was not passed by the President or 2/3 Congress.

[romeoneverdies]

be aware that a person may not be a human being ...

[Dewdaahman]

I guess we need to change the "reasonable suspicion" law because anyone can suspect anyone of anything.. reasonability is subjectionable.. who is to say what is "within reason..?" a crooked cop, a crooked judge..?  both..? what was before is no longer, the fox's run the chicken coop and the lawyers are part of the fox family, as is the criminal elament that have control of the reins.. empty words Ma'am.. empty words..