The Fourth Amendment protects against unreasonable searches and seizures.
Court decisions have shaped the balance between police authority and individual rights during stops and frisks.
Legal Foundation
Probable Cause: Required for arrest warrants and necessary for warrantless arrests when a felony or misdemeanor occurs in the officer's presence.
Suspicion: Officers may be suspicious without having probable cause for arrest.
Key Case: Terry v. Ohio
Scenario: Officer suspects men of casing a store for robbery, leading to a frisk and discovery of a gun.
Court Decision: Upheld the officer's actions as reasonable under the Fourth Amendment.
Reasonableness Test: Specific and articulable facts must warrant the belief of criminal activity and the need for a frisk.
Scope of a Frisk
Aimed at discovering weapons like guns and knives.
Must be limited to avoid undue intrusion.
Plain Touch Doctrine
Objects discovered through plain touch during a frisk can be seized if there's probable cause to believe they are contraband.
Evolution of Stop and Frisk
Reasonable Suspicion: Emerged as a standard for stops, allowing questioning without probable cause.
Initially restrictive, now more lenient in determining reasonable suspicion.
Defining Seizure
Seizure Standards: Considers whether a reasonable person would feel free to leave.
Hodari D. Case: Emphasized actual application of force or compliance.
Terry Stop Extensions
Vehicle Searches: Frisking a car’s passenger compartment is allowed if there's a reasonable belief of danger.
Detention Length: Varies based on diligent investigation; 20-minute detentions upheld under specific circumstances.
Luggage Detention at Airports
Permissible under Terry if brief and properly limited.
Canine Sniffs: Allowed due to minimal privacy intrusion and limited exposure.
Exceptions and Additional Considerations
Border Searches: Different standards apply, allowing longer detentions.
Summary
The Fourth Amendment's application in stop and frisk cases balances police duties and personal freedoms, evolving through court interpretations to refine what constitutes reasonable suspicion and permissible detention.