Terry Stop

TERRY STOP 1

Criminal Procedure

Paula Seward

July 16, 2013

TERRY STOP 2

Yes, Officer Smith had reasonable suspicion to make the initial stop of the vehicle. It appeared the taillight was broken which is a violation of a traffic law. Officer Smith was aware a vehicle that matched the general description of the car that she stopped. This car fit the description of the vehicle suspected in a crime that killed another police officer. In the case, Terry vs. Ohio, the Supreme Court ruled “a police officer can frisk down an individual for his own safety.” The court held that police officers may temporarily detain someone for questioning if they have reasonable suspicion that criminal activity may be involved.” (Stuckey, G., Roberson, C., & Wallace, H. (2006)

An officer may order a driver out of a car and pat down to ensure the officer’s safety. The police officer can conduct a pat-down search to ensure there are no weapons. (Stuckey, G., Roberson, C., & Wallace, H. (2006) the “pat-down” is defined as a quick search of a person’s being in order to determine if any weapons are present. Officer Smith’s pat-down was justified to ensure her safety. She conducted a terry frisk that requires a reasonable suspicion that the suspect may be armed. Seeing as the car was a match to the description of the other vehicle involved in the shooting of another officer, she was justified in the pat-down of the driver for her safety.

Exigent circumstances are when an emergency situation requires swift action to prevent imminent danger to life, serious damage to property, to keep a suspect from escaping, and destruction of evidence. Officer Smith had exigent circumstances when the driver fled the scene and she had the right to pursue the driver and to question her. Officer Smith was justified in her pursuit for the driver in order to prevent an escape of a...