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    Lecture 4

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    Sam Uduma
    The document discusses different levels of interaction between police and citizens under the Fourth Amendment - consensual encounters, detentions, and arrests. It explains that police need reasonable suspicion of criminal activity to lawfully detain someone based on Terry v. Ohio. The document also discusses New York City's controversial stop-and-frisk program and the use of canine sniffs in various law enforcement contexts.

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    Lecture 4

    Uploaded by

    Sam Uduma
    20 views14 pages
    The document discusses different levels of interaction between police and citizens under the Fourth Amendment - consensual encounters, detentions, and arrests. It explains that police need reasonable suspicion of criminal activity to lawfully detain someone based on Terry v. Ohio. The document also discusses New York City's controversial stop-and-frisk program and the use of canine sniffs in various law enforcement contexts.

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    Criminal Justice Procedures Lecture 4

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    The document discusses different levels of interaction between police and citizens under the Fourth Amendment - consensual encounters, detentions, and arrests. It explains that police need reasonable suspicion of criminal activity to lawfully detain someone based on Terry v. Ohio. The document also discusses New York City's controversial stop-and-frisk program and the use of canine sniffs in various law enforcement contexts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    20 views14 pages

    Lecture 4

    Uploaded by

    Sam Uduma
    The document discusses different levels of interaction between police and citizens under the Fourth Amendment - consensual encounters, detentions, and arrests. It explains that police need reasonable suspicion of criminal activity to lawfully detain someone based on Terry v. Ohio. The document also discusses New York City's controversial stop-and-frisk program and the use of canine sniffs in various law enforcement contexts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 14

    Procedures in the Justice System

    ELEVENTH EDITION

    CHAPTER 4
    Law Enforcement and the
    Citizen on the Street

    Copyright © 2016, 2012, 2010


    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Introduction

    • Under the Fourth Amendment, there


    are three distinct levels of interaction
    between the police and an individual on
    the street or in a public place.
     Consensual encounters
     Detentions
     Arrests

    continued on next slide


    Copyright © 2016, 2012, 2010
    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Introduction

    • Before the police may affect a lawful


    detention, the officers need to possess
    a reasonable suspicion of criminal
    activity.

    Copyright © 2016, 2012, 2010


    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Stop and Frisk

    • Terry v. Ohio
     "Reasonable suspicion"
     No ready test for determining the
    reasonableness other than by balancing
    the need to search against the invasion
    which the search entails
     Stop and frisk
    • A stop and frisk is less than an arrest.

    continued on next slide


    Copyright © 2016, 2012, 2010
    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Stop and Frisk

    • Distinguishing an arrest from a Terry-


    type detention
     United States v. Sharp
     Fairly short duration
     The officer may only pat down the
    individual for presence of weapons.
    • Temporary detention

    continued on next slide


    Copyright © 2016, 2012, 2010
    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Stop and Frisk

    • Reasonable suspicion
     Must be based on specific facts that can
    be articulated to a court
     People v. Dominguez

    Copyright © 2016, 2012, 2010


    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    NYPD Stop-and-Frisk Program

    • The New York City Police Department


    (NYPD) stops and frisks thousands of
    Individuals each year.

    continued on next slide


    Copyright © 2016, 2012, 2010
    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    NYPD Stop-and-Frisk Program

    • Several organizations claim that during


    each of these stop and frisk
    encounters, the right of individuals to
    be free from arbitrary and unwarranted
    intrusions by government authorities
    coincides with the duty of law
    enforcement to prevent crime and
    apprehend criminals.

    Copyright © 2016, 2012, 2010


    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Highway Checkpoints

    • Sobriety checkpoints
     Michigan Department of State Police v.
    Sitz
     Ingersoll v. Palmer

    Copyright © 2016, 2012, 2010


    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Canine Sniffing

    • A warrantless canine sniff performed


    around your vehicle is legal.
    • The use of canines at transport
    terminals to find bombs, and so on is
    legal.
    • Warrantless sniffs at airports are legal.
    • A canine sniff in a public place like a
    mall is legal under most circumstances.

    continued on next slide


    Copyright © 2016, 2012, 2010
    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Canine Sniffing

    • If the police improperly extends the


    duration of the stop of a citizen to
    enable a dog sniff, it will probably not
    be considered as legal.
    • Dogs cannot sniff homes without a
    warrant.

    continued on next slide


    Copyright © 2016, 2012, 2010
    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Canine Sniffing

    • Cell phone-sniffing dogs are probably


    legal at New York's Rikers Island
    confinement facility in the State of New
    York.

    Copyright © 2016, 2012, 2010


    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Case Law

    • People v. Baksh

    Copyright © 2016, 2012, 2010


    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved
    Summary

    • Terry v. Ohio is the leading case on


    stop and frisk.
    • There are limitations on when a stop
    and frisk may be done.
    • NYPD has used a policy of stop and
    frisk that is deemed controversial.
    • Canines may be used in certain
    circumstances to aid law enforcement
    in searches.
    Copyright © 2016, 2012, 2010
    Procedures in the Justice System, 11e
    by Pearson Education, Inc.
    Roberson | Wallace
    All Rights Reserved

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