Law and Society 3691
Law and Society 3691 POS3691
Popular in Law and Society (3691)
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This 3 page Class Notes was uploaded by Michelle Alvarez on Thursday October 22, 2015. The Class Notes belongs to POS3691 at Florida State University taught by Priscilla Quinones in Summer 2015. Since its upload, it has received 173 views. For similar materials see Law and Society (3691) in Political Science at Florida State University.
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Date Created: 10/22/15
Terrv vs Ohio The officers only had suspicion not probable cause of a robbery The evidence was asked to be thrown out and the defendants were let go Suppression the police state didn t have enough evidence or a warrant to search this person the suspicion wasn t suf cient Reasonable all persons in the same position as the observer would suspect the same thing as the observer gt Reasonable suspicion a crime is being committed or is in the process of being committed The court held that the frisk was essential to the of cer s investigative duties the officer has the ability to frisk them based on his own personal safety 9 he suspected them of being armed in this case bc of the crime he thought they were about to commit gt What kind of stop was this 9 an investigatory stop The only reason the propriety of a stop would be questioned is if the stop goes far and beyond the needed ex putting someone in a chokehold and killing them gt Taking someone into custody is based on whether or not it was probable for the officer to stop the person then that will determine the propriety of the stop gt Officers have the right to protect themselves and the Supreme Court gives them the right to do so to make sure they are not hurt When did the officer go from a suspicion he might be armed to seizing the weapon gt After he felt the weapon which gave him permission to search and seize gt First comes the frisk if it indicates there is a weapon then comes the search then comes the seizure REASONABLE SUSPISCION IS AN EXCEPTION TO THE WARRANT REQUIREMENT gt An officer has reasonable suspicion to believe that a crime has just been committed does not have probable cause because they were not there to see it 9 it is in plain view gt Reasonable legal amp unreasonable unlegal gt Protection of officers is higher to the court than your inconvenience gt Some of the exceptions to the warrant requirement include plain view consent exigent circumstances OJ Simpson and police officers hopping the fence thinking OJ was hurt If the articulation of the officer makes sense to the judge then they are going to let it in Read this case as a story first then hone in on the important parts 0 Brown vs Texas ARTICULATION OF THE OFFICER In the state of Texas there was a law where you can t misidentify yourself to a law officer The of cer s reason was that it was a high crime area they have never seen these people before and they walked away from each other when officers got to the alley gt The conviction was reversed based on the fact that the officer had no reason to believe that these people were committing a crime The frisk is a form of search and the seizure is a form of m A central concern in balancing these competing considerations in a variety of settings has been to assure that an individual39s reasonable expectation of privacy is not subject to arbitrary invasions solely at the unfettered discretion of officers in the field 9 most quoted in American law 0 Court order in Florida bottom up County court circuit court appellatedistrict court 5 in Florida supreme court