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7.06 Fourth Amendment: Terry (Investigative) Stop

7.06 Fourth Amendment: Terry (Investigative) Stop

Name: 7.06 Fourth Amendment: Terry (Investigative) Stop
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Federal - Jury Instructions - 7th Circuit - Civil

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Multi-State

Control #:

US-JURY-7THCIR-7-06

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 7.06 Fourth Amendment: Terry (Investigative) Stop is a legal precedent established by the United States Supreme Court that provides the grounds for an officer to stop a person temporarily and frisk them for weapons, without necessarily having probable cause to make an arrest. This type of stop is sometimes referred to as a “stop and frisk”. Generally, a Terry Stop requires the officer to have reasonable suspicion that the person is engaged in criminal activity and that the person may be armed. The purpose of the stop is to allow the officer to protect himself or herself from possible danger and to further investigate the situation. There are two types of Terry stops: investigatory stops and protective stops. An investigatory stop is made when the officer has reasonable suspicion that the person has committed a crime, or is about to commit a crime. A protective stop, also known as a frisk, is made when the officer has reasonable suspicion that the person is armed and dangerous.

7.06 Fourth Amendment: Terry (Investigative) Stop is a legal precedent established by the United States Supreme Court that provides the grounds for an officer to stop a person temporarily and frisk them for weapons, without necessarily having probable cause to make an arrest. This type of stop is sometimes referred to as a “stop and frisk”. Generally, a Terry Stop requires the officer to have reasonable suspicion that the person is engaged in criminal activity and that the person may be armed. The purpose of the stop is to allow the officer to protect himself or herself from possible danger and to further investigate the situation. There are two types of Terry stops: investigatory stops and protective stops. An investigatory stop is made when the officer has reasonable suspicion that the person has committed a crime, or is about to commit a crime. A protective stop, also known as a frisk, is made when the officer has reasonable suspicion that the person is armed and dangerous.

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Under the Fourth Amendment of the U.S. Constitution, a police officer may stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

Unusual Actions: Actions that are unusual and suspicious may indicate possible criminal activity and can be used as a factor to justify a Terry stop. Field Example: A person walks into a Federal Building and begins to scream at everyone who walks by, ?Leave me alone! Don't take me away!

Later known as the ?stop and frisk? case, Terry v. Ohio represents a clash between Fourth Amendment protection from intrusive, harassing conduct by police when no crime has been committed, and the duty of an officer to investigate suspicious behavior and prevent crime.

For example, consider the following scenarios: An arrest is found to violate the Fourth Amendment because it was not supported by probable cause or a valid warrant. Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.

In this case, the Court concluded that the Fourth Amendment did not prohibit police from stopping a person they have reasonable suspicion to believe had committed a crime, and frisking that person if they reasonably believe that person to be armed.

Reasonableness Requirement All searches and seizures under the Fourth Amendment must be reasonable and no excessive force shall be used. Reasonableness is the ultimate measure of the constitutionality of a search or seizure. Searches and seizures with the warrant must also satisfy the reasonableness requirement.

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A Terry stop is a seizure within the meaning of Fourth Amendment. Officers must have "articulable reasons" or "founded suspicions," derived from the totality of the circumstances.Investigative detention and frisk of a criminal suspect. After Terry, the standard for stops for investigative purposes evolved into one of "reasonable suspicion of criminal activity. Ohio, 392 U.S. 1, 23-27 (1968).

7.06 Fourth Amendment: Terry (Investigative) Stop

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What does a terry stop require ing to the U.S. Supreme Court?

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