Chapter Five – Stop and Frisk and Stationhouse Detention

Chapter Five – Stop and Frisk and Stationhouse Detention

Rolando V. del Carmen

Stop and Frisk and Stationhouse Detention

The Leading Case in Stop and Frisk Terry v. Ohio (1968)– The Guidelines

• Stop• Frisk

– The need for Reasonable Suspicion


Stop and Frisk: Two Separate Acts– The Stop – Brown v. Texas (1979)


When is a Stop a Seizure Under the Fourth Amendment? – United States v. Mendenhall (1980)


Does Unprovoked Flight upon Seeing the Police Constitute Reasonable Suspicion?– Illinois v. Wardlaw (2000)


Are Stops based on Hearsay Information Valid?– Adams v. Williams (1972)


Is Information Based on a Flyer from Another Jurisdiction Sufficient for a Stop?– United States v. Hensley (1985)


Are Stops Based on a Drug Courier Profile Alone Valid?– United States v. Sokolow (1989)


Are Stops Based on a Racial Profile Alone Valid?– DWB– DWH


Are Stops Based on Race Alone Valid?– Brown v. Oneonta (2nd Circuit 1999)– United States v. Travis (6th Circuit 1995)


Can Suspects Who are Stopped be Forced to Answer Questions?– Florida v. Royer (1983)


Can a Person who is Stopped Be Forced to Identify Oneself?– Hiibel v. Sixth Judicial District Court of

Nevada (2004)


What Are the Reasonable Scope and Duration of a Stop?– United States v. Place (1983)– United States v. Luckett (1973)– United States v. Sharpe (1985)


Are Airport Stops and Searches Valid?– Torbet v. United Airlines, Inc. (2002)– United States v. Pulido-Baquerizo (9th Cir.

1986)


What Degree of Intrusiveness is Permissible?


Stop and Frisk: Two Separate Acts– The Frisk

• A frisk has only one purpose: the protection of the officer or of others

– United States v. Cortez (1981)


What is the Extent of the Frisk? – United States v. Robinson (1973)


What Can an Office Do and Not Do During a Frisk? – Minnesota v. Dickerson (1993)

• “Plain Feel”• Immediately Apparent

– What Constitutes Plain Touch?


Are “Fishing Expeditions” for Evidence Allowed? – A frisk for any other reason than the protection

of the officer or others is illegal


Is Consent to Frisk Based on Submission to Police Authority Valid? – A frisk based on submission to police authority

is not voluntary and intelligent


Can an Officer Frisk After a Stop Without asking Questions? – Reasonable Inquiries

Does a Frisk Include Things Carried by the Suspect?


Table 5.1 The Distinctions Between Stop and Frisk and Arrest

Stop and Frisk ArrestDegree of Certainty Needed

Reasonable Suspicion Probable Cause

Extent of Intrusion Pat-Down for Weapons Full body search

Purpose Stop: to prevent criminal activityFrisk: to ensure the safety of officers and others

To take the person into custody or to determine if a crime has taken place

Warrant Not Needed In custody until legally released

Force allowed Stop: NoneFrisk: Pat-down

Reasonable


Other Applications of Stop and Frisk– Application to Motor Vehicles – Pennsylvania v.

Mimms (1977)– Application to Weapons in a Car– Application to Residences


Stationhouse Detention– For Fingerprinting

• Davis v. Mississippi (1969)• Hayes v. Florida (1985)

– For Interrogation• Dunaway v. New York (1979)

Chapter Five – Stop and Frisk and Stationhouse Detention

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