A person can either be detained or arrested by law enforcement. The specific facts necessary to justify detention are different than the facts necessary to justify arrest. In 1-2 pages, discuss the principles from Terry v. Ohio, a supreme court case from 1968, and contrast them against the requirements for a valid arrest.
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The United States’ constitution protects the right of people to be secure and free from unreasonable searches by law enforcement officers. The Fourth Amendment also protects citizens from illegal arrests and detention by requiring law enforcement officers to only carry out searches after acquiring warrants of arrest, which are supported by probable cause. Phair (2017) states that an arrest refers to the restraint of an individual to determine legal rights as regards a suspicion of criminal PLACE YOUR ORDER NOW AT writtask.com | to restraint of an individual for a short period while law enforcement officers decide on whether or not PLACE YOUR ORDER NOW AT writtask.com | that comes with the use of the two terms makes it important to identify and analyze some of the factors that justify them.
The confusion that surrounds the arresting and detention of suspected criminals came to the fore in 1968 during the Terry v. PLACE YOUR ORDER NOW AT writtask.com | held that regular police stops often referred to as stop and frisks do not amount to the violation of the Fourth Amendment, which protects citizens against PLACE YOUR ORDER NOW AT writtask.com | before the Supreme Court after Martin McFadden conducted a search to deter a possible armed robbery. McFadden, who was a Cleveland police detective, patted down three men and found two of them carrying pistols (Fields, 2018). Although the suspects were tried and convicted with possession of concealed weapons, they appealed against the court’s decision, arguing that the evidence collected against them was as a result of an illegal search.
From the analysis of the judgment, several facts are evident in what is required to PLACE YOUR ORDER NOW AT writtask.com | is allowed when law enforcement officers observe suspicious activities or behavior. The supreme court followed the common law by allowing police officers to detain people without necessarily providing a warrant as long as they suspect that the individuals being taken into custody are about to commit an offense or are a PLACE YOUR ORDER NOW AT writtask.com |officers must, however, have probable cause before detaining suspects. Police officers must also ascertain that the suspects pause a significant threat to them or other members PLACE YOUR ORDER NOW AT writtask.com | are usually made so that further investigations can be carried out to ascertain whether the suspects are guilty or not, the Supreme Court allowed police offers to detain people without the burden of proving probable cause.
Arrests, on the other hand, occur when people are restrained for a PLACE YOUR ORDER NOW AT writtask.com |officers must also fulfill several requirements while PLACE YOUR ORDER NOW AT writtask.com | when law enforcement officers believe that an individual committed a crime, when they observe a crime, and when they have an arrest warrant (Grano, 2013). Police officers must justify their arrests by providing tangible evidence that led them to PLACE YOUR ORDER NOW AT writtask.com | of the Terry v. Ohio case, it is clear what police officers must observe while making arrests as well as detention. The outcome of the case confirmed that police officers PLACE YOUR ORDER NOW AT writtask.com | detain suspects without having proven probable cause. Police officers are allowed to detain suspects if they observe unusual behavior and…
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