Reasons For Applying The Fourth Amendment

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Criminal Procedure Mid Term 1. Identify and describe the three possible alternatives for applying the Fourth Amendment to “stop and frisk” situations. Also, identify which alternative the U.S. Supreme Court adopted and explain why. The three alternatives or interpretations that can be used for applying the fourth amendment of “stop and frisk” are: 1. The fourth amendment applies only to full searches and arrests; so short of full arrest and searches, officers’ discretion controls their contacts with individuals in public places. 2. Even brief street detentions are arrests, and pat downs are searches, so the police can’t do anything unless they’ve got probable cause. 3. Stops and frisks are searches and seizures, so officers have to back them up with suspicious facts and circumstances. But, they’re “minor” ones, so they require fewer facts and circumstances than arrests and searches to back them up. (Samaha, 2015) They Supreme Court found that alternative 1 and 2 were unacceptable. Alternative 1 did not apply at all to street encounters and that people on the street are then subject to what and who ever any officer felt like. Alternative 2 was not in the best interest of the officer and if the officer could not take any action until they had probable cause their crime control would suffer and they may never see the suspects again. The U.S. Supreme Court adopted alternative 3. The court believed that the fourth amendment gave police enough power to “freeze” suspicious
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