Police encounters and levels of suspicion in the justice system

Police Suspicion

Can text I uploaded a file a reference. BIBLIOGRAPHY: Stuckey, G., Roberson, C., & Wallace, H. (2006). Procedures justice system (8th Ed.). Upper Saddle River, NJ: Pearson/Prentice Hall. Discuss police encounters individuals required level police suspicion needed justify encounters.

Discuss police encounters with individuals and the required level of police suspicion needed to justify these encounters. We will learn about consensual encounters, traffic stops, Terry stops, and arrests. You will take a look at the factors used to determine when a person is under arrest as well as the appropriateness of any searches performed during these encounter

Protection from unreasonable searches and seizures is accorded to all citizens of the United States by the Constitution. Determining precisely what constitutes an unreasonable search or seizure, however, has been an issue of continued debate amongst law enforcement throughout the history of the United States. "Until 1967, a search was an all-or-nothing concept. Either it was a search subject to the probable cause and warrant requirements or it was not a search" (Stuckey, Roberson, & Wallace 2006: 82). However, a more nuanced view of the balance between individual liberty and the need to protect public safety eventually began to develop.

The U.S. Supreme Court case of Terry v. Ohio created the precedent for the concept of a 'stop and frisk,' or a less intrusive form of a search. A Terry Stop is 'less than an arrest.' It must be of a fairly short duration and no special notice or warrant is required. An arrest, in contrast "is the taking of a person into custody in the manner authorized by law" (Stuckey, Roberson, & Wallace 2006: 84; 79). Temporary detentions are not considered full arrests, but once the officer notifies the subject he or she is under arrest or handcuffs the individual or restrains the individual beyond what is necessary for questioning, the individual is considered under arrest and must be read his or her full Miranda Rights. Frisking for weapons during a temporary detention is only allowed if the officer has a reasonable suspicion that the individual has a weapon on his person. Only if the officer retrieves a weapon may he or she may conduct a full search vs. An arrest where the officer is free to conduct a full body search without any restriction.

In a Terry Stop the officer can "temporarily detain a person for questioning if the officer has a reasonable suspicion that criminal activity may be involved" but during an arrest the officer may detain the individual without time limits so long as the warrant is not withdrawn (Stuckey, Roberson, & Wallace 2006: 83). It should be noted that in both instances, reasonable suspicion, under the law, is not the same thing as a gut feeling. The officer must be able to articulate to a court of law why he or she had a suspicion of the suspect's possible criminality and why he or she conducted a stop and frisk or an arrest.

'Protective sweeps' without a warrant are also allowed if officers have a reasonable suspicion that a residence has a person who poses a potentially dangerous threat to the officer or to others (Stuckey, Roberson, & Wallace 2006: 84). And, of course, traffic violations such as stopping someone for possibly speeding do not constitute full arrests and require the same burden of proof of probable cause. "A temporary detention of a vehicle is less than a full arrest, and, accordingly, the level of probable cause necessary to support a temporary detention is less than that required for a full arrest" (Stuckey, Roberson, & Wallace 2006: 83).

If the officer makes a full arrest, the burden of proof is much greater for the officer. The officer must possess "probable, or reasonable, cause," which means that an ordinary, prudent person could reasonably believe that a crime has been committed and the person under arrest committed that crime (Stuckey, Roberson, & Wallace 2006: 80). An officer does not have to have a warrant to make an arrest, but in general warrants are preferred.