Such a demand might be legal if the passengers were trying to get into the country illegally. The Supreme Court, however, has ruled that the Fourth Amendment protects law enforcement in that it allows officers to stop suspects and investigate them even before they have the probable cause necessary to make an arrest.Īn example of a Terry Stop that was conducted illegally occurred in 2017, when Customs and Border Protection (CBP) agents at JFK airport boarded one of the planes and demanded that all of the passengers on board provide proof of identification before leaving the plane. The Fourth Amendment does not specifically permit a police officer to conduct a brief, investigatory stop and detainment, when that officer has a reasonable and clear suspicion that the individual being detained is engaged in criminal behavior. This information may help police solve open crimes in the future, by either confirming or discounting the suspicion of a particular individual’s involvement in a crime. If not, then the suspect will be released.Īnother purpose of a Terry Stop is to gather information for criminal intelligence that may be used later on, such as suspects’ names, addresses, and locations they frequent. If probable cause develops during the Terry Stop, then the officer will make the arrest. Essentially, the purpose of a Terry Stop is to stop a suspect in order to investigate the matter further, even when the police officer lacks probable cause to immediately make an arrest. The purpose of a Terry Stop is to perform what is essentially a mini investigation for the purposes of confirming whether or not the suspect is, in fact, engaged in a criminal activity. In accordance with the “plain view” doctrine, police are permitted to seize any weapons or contraband they may discover during a frisk. The threat must be immediate.įurther, a weapons pat-down must be limited to those areas in which potential weapons could be uncovered. For example, a Terry Stop is not to be conducted because a suspect has a history of criminal behavior. In order to justify performing a Terry Stop, the officer(s) at the scene must be able to prove specific facts that would lead any reasonable police officer to believe that the detained individual has or was about to engage in illegal activity.
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