CL M4A1
What are the requirements before an individual may be stopped and patted down under the Terry case? How does a Terry stop and frisk differ from a normal search of an individual?
Discussion Board Guidelines:
The Court created certain boundaries for government agents with their opinion in Terry v. Ohio. These boundaries have since been codified in state statutes and policy agency procedures. Review the boundaries and requirements created by the Court in Terry. If you were an officer on the street tomorrow, how would Terry affect your behavior during a stop of a citizen? Also, compare and contrast the Terry boundaries with the boundaries of a more in-depth search.
When answering this discussion board, please remember that I am using this assignment to assess whether you have completed and understand the material within the module. It is therefore important that you make your answer thorough enough for me to assess your understanding. 250 words
THE FOURTH AMENDMENT
PART I
Constitutional Law
Introduction
§ Limited government power is necessary for the laws of the
country to be enforced and the government’s business to be
carried out.
§ A balance is required for democracy.
§ Terms fundamental to understanding the 4th Amendment.
§ Search
§ Seizure
The Importance of the 4th Amendment to Law
Enforcement
§ The 4th Amendment’s prohibition against unreasonable
searches and seizures by the police is perhaps the most
vital component of criminal procedure.
§ It has given ample opportunities to the U.S. Supreme Court
to set forth when any government agent may or may not
act, as well as when they have an expectation, or duty, to
do so.
Wolf v. Colorado , 338 U.S. 25 (1949)
§ Facts: Julius Wolf was convicted of conspiracy to perform criminal abortions. He
argued that evidence obtained in violation of his 4th Amendments rights should not
be used against him in trial. The Supreme Court of Colorado upheld his conviction,
and the use of the evidence.
§ Issue: Were the states required to exclude illegally seized evidence from trial under
the Fourth and Fourteenth Amendments?
§ Holding: Yes and no. The Court held that even though the Fourth Amendment is
applicable to the states, the exclusionary rule is not necessarily a component of that
application.
§ Rationale: Any government agent (federal, state or local) is regulated by the 4th
Amendment by way of the 14th. But the Court reasoned that while the exclusion of
evidence may have been an effective way to deter unreasonable searches, other
methods could be equally effective.
Who is Governed by the 4th Amendment?
§ Private individuals or agencies are not regulated by the 4th
Amendment.
§ Why?
§ The Constitution was established to limit the power of government
and its agents.
United States v. Parker , 32 F.3d 395 (8th Cir. 1994)
§ Facts: UPS opened a duffel bag insured for $4000, consistent with company policy,
and found $4000 in cash, then alerted the DEA, which found drugs. UPS delivered
the duffel under DEA operation and Parker was arrested at the address.
§ Issues: Did UPS violate the 4th Amendment?
§ Holding: No.
§ Rationale: UPS had no duty to secure a warrant as it was not a state actor.
