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In reply to the discussion: While cops stand down when white man in combat gear with automatic weapons storm state Capitols [View all]JonLP24
(29,322 posts)Terry stop
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Police investigative stops
Related concepts
Fourth AmendmentSearch and seizureProbable causeReasonable suspicionTerry stopPretextual stopConsent searchSearch warrant
Case law
Terry v. OhioWhren v. United States
Controversial aspects
Racial profilingStop-and-frisk in New York City
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A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity.[1][2] Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur on a bus.[3]
There is a difference between one police officer stopping one individual, which is a tactical definition, and systematic promotion of this tactic on either the departmental or municipal level, which can damage policecommunity trust and lead to charges of racial profiling.
Although the Supreme Court has published many cases that define the intersection between policing and the Fourth Amendment in the U.S., Congress has not defined a baseline for police behavior. There has been some state action at both the legislative and judicial levels, and also some cities have passed laws on these issues.[4][5] Except where noted, this article will primarily deal with these issues on a national level. Local and state laws may vary, but that is the exception and not the rule.
Origins
Terry v. Ohio used only the "reasonableness clause" from the Fourth Amendment[6]
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,... Reasonableness
...and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Warrant
The concept of a Terry stop originated in the 1968 Supreme Court case Terry v. Ohio, in which a police officer detained three Cleveland men on the street behaving suspiciously, as if they were preparing for armed robbery. The police conducted a pat down search and discovered a revolver, and subsequently, two of the men were convicted of carrying a concealed weapon.[7] The men appealed their case to the Supreme Court, arguing that the revolver was found during an illegal search under the Fourth Amendment. This brief detention and search were deemed admissible by the court, judging that the officer had reasonable suspicion which could be articulated (not just a hunch) that the person detained may be armed and dangerous. It is key to note that not just "mere" suspicion was used, but "reasonable" suspicion which could be articulated at a later date.[8
https://en.wikipedia.org/wiki/Terry_stop