Terry vs. Ohio (?)A few guys walk in front of stores, stop and whisper to each other and keep walking.Then one of them goes back to the first store, they whisper to each other more and keep walkingLaw enforcement was in their car and watching.They go up to them and asks what they’re doing.They find that 2 of them have unlawful weapons on themThe lawyer representing terry argued that the officers had no right to search him and find those weapons“Stop and frisk”If law enforcement has probable cause to believe there was suspicious activity, they have the rightIf they have probable cause or suspicion they can stop and seize youOr else they are not allowed to stop youLaw Enforcement Can Arrest Someone W/o an Arrest WarrantWhere Can Law Enforcement Arrest SomeoneOnce They’ve Arrested Someone…Protective SweepPersonal Inventory SearchSome evidence can be destroyed or disappear quicklyIf that is the case, law enforcement can use force to obtain that evidenceThey can take that evidence without brutal forceThey can also take it without a search warrantEx. When one is stopped for a DUI and they need evidence, the alcohol in someone’s blood will go away after some time and they need it right then and thereInvestigated StopsIdentification LawsSome states have passed laws that if law enforcement asks for your name, you have to identify yourselfThose laws are unconstitutionalPeople have the right to not tell their real name under some personal circumstancesOnce police has reasonable suspicion, they do a “Terry Search” all of a sudden and stop and ask who you are then you do have to answer who you areReasonable SuspicionUnprovoked flight- taking off when police get to youDoes constituted reasonable suspicionThat detention when they get you has to be briefAutomobile stops:When can they stop you?If they have suspicion of a specific traffic violation or a crime (description of a suspect)Check points- but not all check pointsThey set up sobriety check points- might check every other car or every 2 carsSet up for the safety of the roadsThey have a good reason to stopThey can set up check points to check for licenses and registrations of driversInformational checkpointLaw enforcement needs information and they don’t know how else to get itSo they set up a check pointYou get there and they stop you and ask you some questions pertaining to a case they are onGeneral criminal activity check pointsUnconstitutionalWhen a person is pulled over for a driving offense the police can make you get out and everyone in the carThey can then bring the drug dogsThey had a specific reason to stop youThey can only put the dogs around your car for the amount of time it takes to address the traffic violationIn a Car and Police Stop You…If police come up to you when they pull you over and ask “any drugs or guns in the car?” and you answer no, they will ask “mind if I search?”Better if you say they can search, and time their searchThey can hold you on the side of the road to fish in your car for that longAirport StopsWhen you enter an airport, you technically agree to be searched at any pointYou are seized when you can not leave in any wayIf they believe there is suspicion of a crime, they can detain youIf they even hold your luggage, that is detaining you as well“Drug Carrier Profiles” in AirportsThese are constitutionalIf you meet a drug carrier profile, they can detain you for a short period of timeProblem is: they are everywhere!Just about anyone can meet this profileRacial profiling is included in these profilesMost Common Types of Searches Happen W/o WarrantsOne way they can search you without a warrant:Exigency search- not necessarily a true emergencyNo time to get a search warrantPolice can enter a house immediately to chase a suspect into a houseOr wait a short time and go in and get himEither destruction of incriminating evidence is imminentHigh likelihood of violenceScope of the search?They have to go into the house until they find himAlso evidence of the a crime (weapons, etc)Incident of arrestWarrant-less Searches of CarsCars have a reduced expectation of privacyCars are mobile, you can move them quickly and use them violentlyFerries, house boats, boats, RV’sOnce a car is stopped, and they believe there is contraband in the car, police can search it immediatelyOr they can secure the car and get a warrantOr they can tow it to the police station and get it searched thereContainers or closed areas do not need a warrant to be searched IFThere is reason to believe contraband is somewhere in the carOr contraband in that containerLecture 7Automobile Inventory SearchesSearches at the BorderAdministrative Searches Based on Special Needs (Regulatory Searches)NJ vs. TLOHigh school students/ athletesTesting of transportation workersFire InspectionsThe gov’t inspects before, during and after firesEven during the fire, firemen can search for the reason or cause of the fireAfter the fire they can search for the reason of the fire as wellCRJU 203 1st Edition Exam #2 Study Guide Lectures: 5-8Lecture 5When officers detain you - A detaining occurs when police stop or tell you to stop right there and not move - Law enforcement does need the constitutional right to stop someone from moving or tell them to be detained in one placeo Terry vs. Ohio (?) A few guys walk in front of stores, stop and whisper to each other and keep walking.  Then one of them goes back to the first store, they whisper to each other more and keep walking  Law enforcement was in their car and watching.  They go up to them and asks what they’re doing.  They find that 2 of them have unlawful weapons on them  The lawyer representing terry argued that the officers had no right to search him and find those weapons  “Stop and frisk” If law enforcement has probable cause to believe there was suspicious activity, they have the right  If they have probable cause or suspicion they can stop and seize you - Or else they are not allowed to stop you - “Terry Search” - Probable cause - Law Enforcement Can Arrest Someone W/o an Arrest Warrant o Felonyo Misdemeanor- Where Can Law Enforcement Arrest Someone - Once They’ve Arrested Someone…- Protective Sweep - Personal Inventory Search Lecture 6Evanescent Evidence- Some evidence can be destroyed or disappear quickly- If that is the case, law enforcement can use force to obtain that evidence o They can take that evidence without brutal force o They