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  1. #1
    Join Date
    May 2011
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    1

    Default Reasonable Suspicion for a Patdown Search

    The supreme court ruled in Terry vs Ohio that an officer can perform a weapons patdown on a person when the officer has reasonable suspicion. Reasonable Suspicion is more than a hunch and less than probable cause. Let me illustrate: a person is walking down the street and an officer tells them to get up against the wall and spread their legs. What if the person objects to this because the person believes the officer has no reasonable suspicion and says to the officer with all due respect officer What is the reasonable suspicion for you to pat me down. If the officer does not tell the person the reasonable suspicion, does the officer still have the right to pat the person down for weapons regardless.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Reasonable Suspicion for a Patdown Search

    Quote Quoting eins
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    If the officer does not tell the person the reasonable suspicion, does the officer still have the right to pat the person down for weapons regardless.
    The fact an officer refuses at the time of the "Terry frisk" to inform the detainee the reason why he is conducting it does not invalidate it, period.

    It is very unwise to refuse to permit a pat down, whether the officer is outside the scope of the 4th AM not.

    Terry was handed down in 1968, a few years later I took Criminal law in College, so it was essential reading.

    A search conducted absent prior judicial authorization, that is, without a warrant, is "presumptively UNreasonable".

    If such a warrantless search is conducted, the govt. then has the burden of showing it is within one of the exceptions, such as Terry.

    Even if we conclude, arguendo, the inital seizure was Unconstitutional, such a failure to obey an order to "spread em" can seperately give an officer a reasonable belief the person "may be armed". Of course, every search is seperately analyzed, as facts are unique.

    Although a warrantless search is scrutinized for it's distinct nature, the courts are leary to second guess an officer's thoughts in the field while confronting an individual.

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