Reasonable suspicion

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    What Is Probable Cause

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    Probable Cause and Reasonable Suspicion According to Cook (1970) probable cause commonly deals with a necessary condition in criminal law that police have sufficient causes to capture somebody, lead an inquiry, or seize property related with a crime. Reasonable suspicion is a standard utilized as a part of criminal methodology. It is not as firm than probable cause. Reasonable doubt is enough to legitimize brief stops and detainment, however insufficient to legitimize a full search. It is…

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    Wardlow (cited as 528 U.S. 119 (2000) ) opened the question: “May walking away, in order to avoid contact with a police officer, is a suspicious behavior enough to satisfy the constitutional definition of the reasonable suspicion ?” Constitution has provided the following test for reasonable suspicion: The officer must be able to point to specific and articulable facts that, taken together with rational inferences from those facts, provide a particularized and objective basis for suspecting the…

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    Student Search Case

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    Part 1 As the principal of a public high school, are there reasonable grounds to conduct a search in the following circumstances? You question a student on why she is hanging around a section of the locker room, and the student gives evasive answers. According to the Jayhawkville Board Policies, the principal has the right to search the lockers, while witnessed by a another adult, upon reasonable suspicion. Lockers are considered school property and student there is no expectation of privacy. A…

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    extracurricular activities is a privilege by meeting and maintain a minimum grade point average to play sports, as well as following the rules set by the school one being no drug usage. When taken to court The Supreme Court claimed that as long as there is reasonable grounds for suspecting that evidence will turn up during a search proving that the student has violated or is violating either the law or the rules of the school. Allowing for School officials searching a student who is under their…

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    highly practice a policy known as Stop, Question and Possibly Frisk (SQF). What is Stop, Question and Possibly Frisk? The SQF’s essential goal is to maintain public safety and to prevent future crimes. The policy is applied when an officer has reasonable suspicion that an individual has, is or about to commit an act of crime (Giacalone, 2014). This procedure begins with stopping and questioning the suspicious…

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    Walking While Black

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    In the case of Terry v. Ohio the Supreme Court ruled that reasonable suspicion is sufficient enough for a police officer to briefly stop and question an individual for weapons. Reasonable suspicion must not be based on off a ‘hunch’ rather than making reasonable suspicion based off experience (Feder, 2012 pg. 2). If someone is “driving while black”, the color of their skin is not reasonable suspicion to stop and question someone. However, if the driver clearly saw the officers…

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    establish reasonable suspicion that the individual either committed a crime or is about to commit a crime then they can perform a frisk of the individual. Initially this policy gave police a great new tool in the fight against crime. However, like that initial shot of heroine which gives the…

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    School Drug Investigation

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    school student, the standards for reasonable suspicion must be met. However, when it comes to drug testing an athlete, there is usually no suspicion prior to the test. Therefore, if a school desires to drug test it athletes, they do not need reasonable suspicion of drug use. They simply can do so as a requirement to join a sports team. My school did not drug test athletes, but I know of several schools that did. To me such testing is a good thing and reasonable because it keeps kids safe. A lot…

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    Fourth Amendment In Texas

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    drug traffic. The police officers stopped and asked Brown to identify himself and explain what was he doing. Though the reason why the police officer arrested the defendant was because he looked suspicious and as well the police officers had reasonable suspicion that he wasn’t from this side of town. Though Brown refused to identify himself, he was arrested for violation of a Texas statute which makes it a criminal act for a person to refuse his name and address to an officer who has lawfully…

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    Constitution, the Fourth Amendment guarantees citizens the right to be free from unreasonable searches and seizures. In Terry v. Ohio, 392 U.S. 1 (1968), the U.S. Supreme Court concluded that a search is reasonable when police observe suspicious behavior and there is reasonable suspicion the individual is armed and dangerous. In Florida v. J.L., 529 U.S. 266 (2000), the Supreme Court held that a Terry stop based only on an anonymous caller giving a physical description and illegal acts of an…

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