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 Post subject: Re: Supreme Court Says Passengers Can Be Frisked
 Post Posted: Fri 30 Jan 2009 08:43 
 
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The justices accepted Arizona's argument that traffic stops are inherently dangerous for police and that pat-downs are permissible when an officer has a reasonable suspicion that the passenger may be armed and dangerous.

The pat-down is allowed if the police "harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public," Justice Ruth Bader Ginsburg said.



Quote:
For their own protection, police may perform a quick surface search of the person’s outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on “specific and articulable facts” and not merely upon an officer's hunch. This permitted police action has subsequently been referred to in short as a “stop and frisk”, or simply a “Terry stop”. The Terry standard was later extended to temporary detentions of persons in vehicles, known as traffic stops.


Like I said, nothing has really changed. Seems they just reaffirmed the Terry Pat.....


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 Post subject: Re: Supreme Court Says Passengers Can Be Frisked
 Post Posted: Fri 30 Jan 2009 13:55 
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On the surface it does not appear that anything has changed as it relates to Terry v. Ohio. However the change is significant when you consider that this new ruling has in effect broadened the powers of the police during encounters with citizens. Therefore this slight enhancement of Terry could have positive and negative effects on law enforcement as we know it.

The positive side is its immediate effect on the so called street crimes, it would allow the patrol officer to be more proactive in the identification of the criminal element. This is not to say that law enforcement has not been during this away for years. I know for a fact that when I was a police officer we used “Terry” to the fullest. The negative side would be its misuse in the urban communities that are normally populated with the mostly young, minorities, illegal aliens, again I can only speak from prior work in a major city police agency.

For those of you who are really concerned with this ruling I have added some additional case law that you may find interesting as it relates to “Terry” also. Let me just say that I in favor of this enhancement of “Terry” and applaud the court for it law and order stance.

Subsequent Jurisprudence Related to Terry v. Ohio
Terry set the precedent for Michigan v. Long, 463 U.S. 1032 (1983). In an opinion citing Terry written by Justice O'Connor, the Supreme Court ruled that car compartments could be constitutionally searched if an officer had reasonable suspicion.

The scope of Terry was extended in the 2004 Supreme Court case Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which held that a state law requiring the suspect to identify himself during a Terry stop did not violate the Fourth Amendment prohibitions of unreasonable searches and seizures or the Fifth Amendment privilege against self-incrimination.

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