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View Diary: Stop-and-frisk on trial (175 comments)

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  •  is it? (2+ / 0-)

    my criminal procedure class doesn't get to Terry till next week.

    ...better the occasional faults of a government that lives in a spirit of charity, than the consistent omissions of a government frozen in the ice of its own indifference. -FDR, 1936

    by James Allen on Sun Mar 24, 2013 at 10:48:57 AM PDT

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    •  That's basically right, (2+ / 0-)
      Recommended by:
      Denise Oliver Velez, Yasuragi

      although the use of a traffic violation is a bad example because stops with cars are a whole 'nother kettle of fish.  

      A Terry frisk requires reasonable suspicion that the person is armed and presently dangerous - it can't be performed for the purpose of gathering evidence.  A Terry STOP, on the other hand (without a frisk) just requires reasonable suspicion that the person is engaged in criminal activity - but not necessarily violent criminal activity.  Once you've been stopped, the cop can only frisk you if he reasonably believes you're armed and dangerous (OR - the crime you were stopped for was a crime of violence).

      So if the only thing generating suspicion is say, a guy smoking something that looks like a joint, that would give rise to a Terry stop, but not a Terry frisk, unless something generated suspicion during the stop that the guy was armed.  

      •  Thanks. Well with all the frisky bizness (1+ / 0-)
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        the NYPD is doing they "believe" those folks stopped are armed and dangerous.

        They have two arms, two legs, and black and brown complexions are dangerous.

        Join us on the Black Kos front porch to review news and views written from a black pov—everyone is welcome.

        by Denise Oliver Velez on Sun Mar 24, 2013 at 12:50:18 PM PDT

        [ Parent ]

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