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Law · Criminal justice |
Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be engaged in criminal activity based on specific and articulable facts and inferences. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers A presentence investigation report ( PSI) is a Legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary It is the basis for an investigatory or Terry stop by the police and requires less evidence than probable cause, the legal requirement for arrests and warrants. Frisking or a " patdown " is a search of a person's outer clothing wherein a Police officer or other law enforcement agent runs his or her hands along the In United States Criminal law, probable cause refers to the standard by which a Police officer has the right to make an Arrest, conduct An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime Most often the term warrant refers to a specific type of Authorization; a Writ issued by a competent officer usually a Judge or Magistrate Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be, engaged in criminal activity; such suspicion is not a mere hunch. The reasonable person standard is often used legal term that originated in the development of the Common law. Police may also, based solely on reasonable suspicion of a threat to safety, frisk a suspect for weapons, but not for contraband like drugs. A combination of particular facts, even if each is individually innocuous, can form the basis of reasonable suspicion.
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Precedent
In Terry v. Ohio, the Supreme Court ruled that a person can be stopped and frisked by a police officer based on a reasonable suspicion. Terry v Ohio, 392 US 1 ( 1968) was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force Such a detention does not violate the Fourth Amendment prohibition on unreasonable searches and seizure. The Fourth Amendment' ( Amendment IV) to the United States Constitution is a part of the Bill of Rights. In Hiibel v. Sixth Judicial District Court of Nevada the court further established that a state may require, by law, that a person identify himself or herself to an officer during a stop. Hiibel v Sixth Judicial District Court of Nevada,, held that statutes requiring suspects to identify themselves during police investigations did not violate either the “Stop-and-identify” statutes are laws in the United States that require persons detained under certain circumstances to identify themselves to a police officer An arrest is not permitted based on reasonable suspicion; probable cause is required for an arrest. In United States Criminal law, probable cause refers to the standard by which a Police officer has the right to make an Arrest, conduct Further, a person is not required to answer any other questions during a Terry stop, and the detention must be brief.
Other Uses
Schools
New Jersey v. T. L. O. set the precedent that probable cause is not necessary to search a student; reasonable suspicion is enough to search a student's belongings. New Jersey v T L O, 469 US 325 ( 1985) was a case appealed to the Supreme Court of the United States in 1984, involving Overly intrusive searches, like a body cavity search, require probable cause. A body cavity search is either a visual search or a manual internal inspection of body cavities such as for prohibited material ( Contraband) such as illegal drugs
Borders, Customs, and Immigration
Though U. The border search exception is a doctrine of United States Criminal law that exempts searches of travelers and their property from the Fourth Amendment S. Customs can do suspicionless searches of people and effects crossing the border (including passing through airport customs), non-routine searches, like slashing the spare tire of a car, require reasonable suspicion. The border search exception is a doctrine of United States Criminal law that exempts searches of travelers and their property from the Fourth Amendment United States v. Flores-Montano. In United States v Flores-Montano,, the United States Supreme Court held that customs agents may remove the gas tank from a vehicle crossing the Anything even more intrusive, like compelled surgery of a suspected balloon swallower, requires probable cause. A balloon swallower is an individual who crosses a border with the intent to smuggle drugs contained in his or her Gastrointestinal tract or other United States v. Montoya De Hernandez. United States v Montoya De Hernandez, 473 US 531 ( 1985) was a case appealed from the Ninth Circuit to the Supreme Court of the United
Examples
Courts have ruled that a stop for reasonable suspicion may be appropriate in the following cases: when a person possesses many unusual items which would be useful in a crime like a wire hanger and is looking into car windows at 2am, when a person matches a description of a suspect given by another police officer over department radio, or when a person runs away at the sight of police officers who are at common law right of inquiry (founded suspicion). However, a reasonable suspicion may not apply merely because a person refuses to answer questions, declines to allow a voluntary search, or is of a suspected race or ethnicity. At reasonable suspicion, you may be detained by a police officer (court officer on court grounds) for a short period of time and police can use force to detain you. If it is a violent crime (robbery, rape, gun run), the courts have recognized that an officers safety is paramount and have allowed for a "frisk" of the outermost garment from head to toe and for an officer to stop an individual at gun point if necessary. For a non-violent crime (shoplifting for example) an officer may frisk while at reasonable suspicion if he noticed a bulge in the waistband area, for example, but can frisk in that area only. Once a person is released, or is no longer a suspect in New York City, a "stop, question and frisk report" is filled out and filed in the command that the stop occurs. The City of New York
See also
External links
- A definition on Dictionary. “Stop-and-identify” statutes are laws in the United States that require persons detained under certain circumstances to identify themselves to a police officer com
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