JUST 4920 Lecture Notes - Lecture 8: Terry Stop, Exclusionary Rule, Open-Fields Doctrine
21 Nov 2017
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Document Summary
The constitutional standards for searches and seizures, including arrests, are contained in the fourth. Amendment, which requires that searches and seizures be reasonable and based on probable cause. Reasonable suspicion: a legal standard defined in us v cortez as a particularized and objective basis for suspecting the particular person stopped of criminal activity , referred to as arguable suspicion. Totality of circumstances: considering all factors involved in a given situation. Investigatory stop: simple act of stopping someone based on reasonable suspicion, alternately called a field inquiry, a threshold inquiry, or a terry stop. Field inquiry: briefly detaining or stopping persons to determine who they are or what they are up to. Detention: occurs when an officer has stopped a person based on reasonable suspicion and needs a little time to investigate the relevant suspicious circumstances that led to the stop in the first place. Seizure: forcible detention or taking of a person or property in an arrest.
