Wednesday, March 27, 2013

Criminal Procedures

July 31, 2011
Criminal Procedures
Assignment 4

In 1968 the frisk and stop virtue was initiated on a lower floor the fourth admenment as a legal process to question or search a citizen with probable cause. The coupled State supreme court established this law by and by the case terry vs. Ohio, when a defearendant file papers to appropriate the evidence found on him during a pat put through search. The search unveiled the citizen had a gun in his possession, and pursue by two new(prenominal) men suit a store to commit a robbery. The detective McFadden had reasonable intuition due to the fact of him knowing the neighborhood, the men unusual behavior, and him universe observing to the situation taken place across from him. His draw on the job increased his senses to detect the men were casing the store. After asking the men for their personal information and non getting a proper reply, he saw the triple as a threat to him and the community.
The frisk was covered under the scope of a proper stop and frisk subroutine and the officer was protected under the law of no misbehave on his behalf. He clearly had probable cause by the behavior of the trio, walking back and forth, communicating with each other after looking through the store window and communion information amongst each other.

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McFadden not once enter the defendants hammock at any time, and after finding the weapon is when he initial arrest the defendants. He protected himself and the store clerk from danger. He avoided having an altercation between the defendant, so he aright secured the area and protected the area.
The ruling decided on Terry vs. Ohio passed down from the Supreme Court was decided on the merits of research worker McFadden, that he did not violate the offender fourth amendment rights. He had obvious reasonable suspicion due to the men commemorate behavior around the store. The officer experience also helped the hazard determine that the stop and frisk was done lawful and not with intent to arrest, but to secure the...If you want to get a full essay, order it on our website: Orderessay



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