Procedures in the Justice System

ELEVENTH EDITION

CHAPTER 4
Law Enforcement and the
Citizen on the Street

Copyright © 2016, 2012, 2010

Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Introduction

• Under the Fourth Amendment, there

are three distinct levels of interaction
between the police and an individual on
the street or in a public place.
 Consensual encounters
 Detentions
 Arrests

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Introduction

• Before the police may affect a lawful

detention, the officers need to possess
a reasonable suspicion of criminal
activity.

Copyright © 2016, 2012, 2010

Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Stop and Frisk

• Terry v. Ohio
 "Reasonable suspicion"
 No ready test for determining the
reasonableness other than by balancing
the need to search against the invasion
which the search entails
 Stop and frisk
• A stop and frisk is less than an arrest.

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Stop and Frisk

• Distinguishing an arrest from a Terry-

type detention
 United States v. Sharp
 Fairly short duration
 The officer may only pat down the
individual for presence of weapons.
• Temporary detention

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Stop and Frisk

• Reasonable suspicion
 Must be based on specific facts that can
be articulated to a court
 People v. Dominguez

Copyright © 2016, 2012, 2010

Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
NYPD Stop-and-Frisk Program

• The New York City Police Department

(NYPD) stops and frisks thousands of
Individuals each year.

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
NYPD Stop-and-Frisk Program

• Several organizations claim that during

each of these stop and frisk
encounters, the right of individuals to
be free from arbitrary and unwarranted
intrusions by government authorities
coincides with the duty of law
enforcement to prevent crime and
apprehend criminals.

Copyright © 2016, 2012, 2010

Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Highway Checkpoints

• Sobriety checkpoints
 Michigan Department of State Police v.
Sitz
 Ingersoll v. Palmer

Copyright © 2016, 2012, 2010

Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Canine Sniffing

• A warrantless canine sniff performed

around your vehicle is legal.
• The use of canines at transport
terminals to find bombs, and so on is
legal.
• Warrantless sniffs at airports are legal.
• A canine sniff in a public place like a
mall is legal under most circumstances.

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Canine Sniffing

• If the police improperly extends the

duration of the stop of a citizen to
enable a dog sniff, it will probably not
be considered as legal.
• Dogs cannot sniff homes without a
warrant.

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Canine Sniffing

• Cell phone-sniffing dogs are probably

legal at New York's Rikers Island
confinement facility in the State of New
York.

Copyright © 2016, 2012, 2010

Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Case Law

• People v. Baksh

Copyright © 2016, 2012, 2010

Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Summary

• Terry v. Ohio is the leading case on

stop and frisk.
• There are limitations on when a stop
and frisk may be done.
• NYPD has used a policy of stop and
frisk that is deemed controversial.
• Canines may be used in certain
circumstances to aid law enforcement
in searches.
Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved