. When police stop and search a pedestrian, this is commonly known as a stop and frisk. Reasonable suspicion is a lower standard than probable cause which is needed for arrest. Here's why 402,000 law students have relied on our case briefs: Are you a current student of ? Mr. Justice White's reason for dissent is based on the contradiction that the majority does not refute that a "seizure" did occur, while at the same time a majority was unable to justify that the "seizure" was necessary. I would hold-as did the District Court-that the federal agents had reasonable suspicion that the respondent was engaging in criminal activity, and, therefore, that they did not violate the Fourth Amendment by stopping the respondent for routine questioning. (defendants), Somali nationals, were captured attempting to take over the USS Nicholas, an American Navy ship. The agents asked the respondent several brief questions. After observing defendant deboard a plane in a manner characteristic of persons unlawfully carrying narcotics, DEA agents asked to see defendant's identification and airline ticket, which were issued in different names. Instead, in order for a search to be justified, school officials must have reasonable suspicion that the student has violated either the law or school rules. The Court has on other occasions referred to the acknowledged need for police questioning as a tool in the effective enforcement of the criminal laws. 446 U. S. 557-558. Evidently, the Court of Appeals concluded that the respondent's apparent consent to the search was in fact not voluntarily given, and was, in any event, the product of earlier official conduct violative of the Fourth Amendment. United States v. Montoya De Hernandez, 473 U.S. 531 (1985), was a U.S. Supreme Court case regarding the Fourth Amendment's border search exception and balloon swallowing. The Fourth Amendment's requirement that searches and seizures be founded upon an objective justification, governs all seizures of the person, "including seizures that involve only a brief detention short of traditional arrest. WHITE, J., filed a dissenting opinion, in which BRENNAN, MARSHALL, and STEVENS, JJ., joined, post, p. 446 U. S. 566. Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision of the Supreme Court of the United States in which the Court ruled that the Fourth Amendment's prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous.". In applying. She had a hard time speaking." 446 U.S. 544. When she arrived there, she claimed no baggage. Ibid. A person is "seized" within the meaning of the Fourth Amendment if a "reasonable person" in the same position "would have believed that he was not free to leave." Agent Anderson testified that drug couriers often disembark last in order to have a clear view of the terminal so that they more easily can detect government agents. See United States v. Van Lewis, 409 F. Supp. The two officers who stopped the respondent were federal agents assigned to the Drug Enforcement Administration. . Although she carried an American Airlines ticket for a flight from Detroit to Pittsburgh, she asked for an Eastern Airlines ticket. [Footnote 3/5] Even if one, believes the Government should be permitted to raise the "seizure" question in this Court, the proper course would be to direct a remand to the District Court for an evidentiary hearing on the question, rather than to decide it in the first instance in this Court. Advocates. MR. JUSTICE STEWART's suggestion that "exceptional circumstances" justify entertaining the Government's claim that no seizure occurred, even though it was not raised below, ante at 446 U. S. 551, n. 5, is as curious as his notion that the evidentiary record "is adequate to permit consideration of the contention." Another officer stood at the front of the bus but did not block the exit. [Footnote 3/6]. The Court of Appeals...reversed, finding the search of the respondent's person to have been unlawful. Feb 19, 1980. Become a member and get unlimited access to our massive library of

When the men 'mumbled something' in response to his inquiries, Officer McFadden grabbed petitioner Terry, spun him around so that they were facing the other two, with Terry between McFadden and the others, and patted down the outside of his clothing. ", 392 U.S. at 392 U. S. 63. for Cert. This result is particularly curious because a majority of the Members of the Court refuse to reject the conclusion that Ms. Mendenhall was "seized," while a separate majority decline to hold that there were reasonable grounds to justify a seizure. Florida v. Bostick, 501 U.S. 429 (1991), was a United States Supreme Court case that overturned a per se rule imposed by the Florida Supreme Court that held consensual searches of passengers on buses were always unreasonable. Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. Once inside the terminal, the respondent scanned the entire gate area and walked "very, very slowly" toward the baggage area. Johnson v. United States, 333 U. S. 10 (1948); Amos. Defendant was arrested and convicted for possession, but seeks to suppress all evidence as obtained as part of an unreasonable seizure not founded on reasonable suspicion. This conclusion is inconsistent with our recognition that consent cannot be presumed from a showing of acquiescence to authority, and it cannot be reconciled with our decision last Term in Dunaway v. New York , 442 U.S. 200 (1979)." It is additionally suggested that the respondent, a female and a Negro, may have felt unusually threatened by the officers, who were white males.

Pp. at 709 (Weick, J.). for weapons.

She presented her driver’s license and the airline ticket to the agents. The agents identified themselves and asked to see some identification. The public interest in preventing drug traffic is great, and the intrusion upon the respondent's privacy was minimal. This website requires JavaScript. is highly organized and conducted by sophisticated criminal syndicates. We adhere to the view that a person is "seized" only when, by means of physical force or a show of authority, his freedom of movement is restrained. The respondent stated that she had a plane to catch and was assured by the policewoman that if she were carrying no narcotics, there would be no problem. See Youakim v. Miller, 425 U. S. 231, 425 U. S. 234; Duignan v. United States, 274 U. S. 195, 274 U. S. 200. [8], The issue requesting clarification was whether or not the respondent's Fourth Amendment rights were violated. . at 440 U. S. 657. May 27, 1980. Indeed, the Government acknowledged that the occupants of a detained vehicle were required to respond to the officers' questions and, on some occasions, to produce documents evidencing their eligibility to be in the United States. Pp. She moved to suppress the introduction at trial of the heroin as evidence against her on the ground that it had been acquired from her through an unconstitutional search and seizure by agents of the Drug Enforcement Administration (DEA). Although she carried an American Airlines ticket for a flight from Detroit to Pittsburgh, she asked for an Eastern Airlines ticket. 3051. Id.


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