Terry Test And Frisk Case Brief

Decent Essays
Issue: Whether the Officer can ask a passenger to step out of the vehicle and frisk him for the officer’s safety.

Rule: Terry test and Stop and frisk requirement.

Analysis: Maryland v. Wilson The occupants continued to act suspiciously while they were driving and when they pulled over. The driver was trembling and appeared extremely nervous, but nonetheless produced a valid Connecticut driver’s license. the front seat passenger (D) was sweating and appeared very nervous. Officer ordered D out of the car. When D exited the car, a quantity of crack cocaine fell to the ground. In Q3 case the stop was reasonable on the objective basis for the stop to add up to reasonable suspicion based on TOC that would lead to an officer, in light of his

Related Documents

  • Decent Essays

    Name of the Case: The Estate of Sinthasomphone v. City of Milwaukee 2. Citation: 838 F.Supp. 1320 3. Date Decided: Nov. 23, 1993 4. Facts: On May 27, 1991 Konerak Sinthasomphone was found running naked down the street and bystanders called the police. Dahmer, who had been holding Sinthasomphone captive, showed up and tried to lead Sinthasomphone away.…

    • 395 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    In the case of the State of New Hampshire v. Sondra Murray, Ms. Murray was charged with disorderly conduct, resisting arrest, and possession of marijuana. She was convicted of the disorderly conduct which violated N.H. Rev. Stat. Ann. § 644:2, and possession of marijuana, which violated N.H. Rev. Stat. Ann.…

    • 805 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Holding: No. The actions of Officer Turek did not violate the defendants Fourth Amendment rights to be free from unreasonable seizure. The reason for this is because the Fourth Amendment does not prohibit a warrantless arrest for a minor criminal offense. A seatbelt violation is considered a minor criminal offense by law and is punishable only by a fine, therefore the seizure was…

    • 376 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The responding officers had objective reasonableness to use excessive force due to strong suspicion that something has happened in the convenience store based on Officer O’Connor’s witnessing Graham’s speedily act prior entering the convenience store and exiting the convenience store. In addition, Officer O’Connor saw Graham get out of the car, and ran around two times before sitting down on a curb. According to Graham, he claimed, and suffered a broken foot, cuts on his wrists, a bruised forehead, and an injured shoulder and a loud ringing in his right ear that still continues till this day. The court articulated graham’s injuries alone constitutes that his 14th amendment right was violated and physical force by Officer O’Connor was not overplayed.…

    • 510 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Levine v. Mcgrath 1. Against For She could stay with her sister It is what Sarah wanted She could see her school friends and grow up in the same neighbourhood she had before 2. Separating the sisters was not the main concern in this case as Sarah wanted to move herself, and they would still be able to see each other on alternating weekends if they wished to.…

    • 1178 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Indeed, the Terry search principle was regarded, and the limit to which it was supposed to be conducted was reviewed, Terry vs. Ohio case. The court further went into other cases that had resolved issues on the fourth amendment and the Terry search (Minnesota v Dickerson, 1993). Indeed, in Michigan vs. Long, the Court held that in the context of that case, a Terry search allowed the search of the individual and passenger’s compartments of the automobile to ascertain beyond doubt that the defendant was not armed and dangerous. In limited cases, the Court held that when contraband is retrieved, then the officer cannot ignore the contraband as the Fourth Amendment does not suppress it under those circumstances. However, the court in Long had ruled that if police lacked probable cause in believing that the object in plain view was contraband then conducting a further search to make the object apparent would make the plain view doctrine unwarranted with the seizure of the contraband.…

    • 1014 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Coyle was Mirandized once again before speaking with Trooper Frigon in the police station and completed a DSSP 105 Miranda Statement Form indicating he understood his rights. 31. Coyle admitted that he routinely consumed Oxycodone at least three times a week. When asked if he reached within the rear compartment of the vehicle prior to the stop, Coyle stated he could not remember. When asked if he put anything in the white backpack on the front passenger side floor, Coyle stated, “Um…I cannot speak to that.”…

    • 2282 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    R V Fearon Case Study

    • 1660 Words
    • 7 Pages

    Police authorities momentarily became involved. F and C were arrested incident to the locating of the vehicle. When the pat-down procedure was conducted on F, a cell phone was found and retained as evidence for the trial against the accused. The police subsequently conducted a search of the cell phone and once more within two hours of the arrest.…

    • 1660 Words
    • 7 Pages
    Improved Essays
  • Decent Essays

    On the evening of November 9th, 1989, while exiting an apartment building with a history of drug trafficking, Timothy Dickerson spotted police officers and turned to walk in the opposite direction. In response, the officers commanded Dickerson to stop and proceeded to frisk him. An officer discovered a lump in Dickerson’s pocket of his jacket, and, upon further investigation, the officer believed it to be cocaine wrapped in cellophane. The officer reached into Dickerson’s pocket and confirmed that the lump was a small bag of crack cocaine. Dickerson was charged with possession of a controlled substance.…

    • 263 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Wilson Vs Arkansas

    • 1024 Words
    • 5 Pages

    Analysis- Probable cause(pc) is when an officer in light of his training and experience reasonably believes that a crime has been committed and the person arrested committed it. Totality of the circumstances (TOC) allows the court to decide if what the officer knew during the arrest can help their belief that the suspect committed the crime. The officers had probable cause that Janay’s life was in danger when they heard her screaming and her eagerness to let them…

    • 1024 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Ives Road Observation

    • 747 Words
    • 3 Pages

    P. Denoon retrieved two burnt metal cylinders, which in my experience are used to consume narcotics, from the driver's rearview mirror (evidence item E1). P. Denoon also retrieved a ½" by ½" zip-lock style baggie containing white powder substance consistent with Cocaine (E2), and a hand rolled suspected Marijuana Cigarette (E3). P. Denoon was then placed into custody. Both parties were advised of their Miranda Rights in full which they verbally waived.…

    • 747 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The police officers found evidence of drug use in the trash. They then used this evidence to obtain a search warrant, a legal document permitting the searching of property by police or the government, to search Mr. Greenwood's home. Once inside they found evidence of drug use and trafficking.…

    • 561 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Tony Tasinas No Heroes, No Villains CRJ 101-Professor Smalls 12/7/15 On June 28, 1972, James Richardson awaiting the subway train which would take him to work. He was stopped and ordered to “put up your hands, and get against the wall”.…

    • 1178 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    In Louisiana, Lillie would be able to recover under Louisiana Civil Code article 2315, which states in pertinent part “Every act whatever of man which causes damage to another obliges him by whose fault it happened to repair it.” La. C.C. 2315 allows someone who has been wronged, to be compensated for the damage caused to him or her. In order to recover under La. C.C. art. 2315, an intentional tort must have been committed. In the present case, Joe has committed the intentional tort of battery. A battery is defined as harmful or offensive contact with a person, resulting from an act intended to cause the plaintiff to suffer such a contact.…

    • 1778 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    The identification of several significant facts in the case of Tennessee v. Garner calls into question the use of deadly force in the “unattempted” apprehension of an unarmed suspect. The first such fact is the admission and later verification by Hymon that Garner was unarmed. A second fact is that the suspect was fleeing in the opposite direction (away) from Officer Hymon and in a position as not to cause the officer to be in fear for his life. Additionally, Officer Hymon with the aid of his flashlight was able to observe that the suspect was a minor and of slender statue (observing his hands and face) posing no threat to him or others.…

    • 606 Words
    • 3 Pages
    Improved Essays