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Criminal Justice

instructions provided

To start it is important to grasp the concept and definition of a seizure. I recommend you take a minute or two and look up a seizure, a stop, when your physical movement is restricted by the police.

For a nice introduction to the various police encounters turn to your textbook defiinition and look for the table that maps the Stop versus Arrest.

A. Hypothetical: Here is the fact pattern. A police officers sees a man in a high crime area pacing back and forth in front of a shop window. Knowing the area and seeing the furtive behavior, he decides to approach the man, conduct a patdown search. Upon search he finds a weapon and arrests the man. These famous facts can be found in the seminal case of Terry v. Ohio, 392 U.S. 1 (1980), retrieved from http://www.soc.umn.edu/~samaha/cases/terry%20v%20ohio.html).

If you want to hear the oral argument before the Supreme Court here is a link to the prosecutor and the defense attorney as they present their cases back when it was originally argued: http://www.oyez.org/cases/1960-1969/1967/1967_67

Define: Define the following terms (but not from websites or the textbook) and apply them to Terry:

1. reasonable suspicion — use a United States Supreme Court case to define it (see US Supreme Court website)
2. patdown search — use state or federal court case
3. exigent circumstances — use a case from your home state only
4. compare and contrast detention and arrest — you may need a law review article for that one, not anything that doesn’t have a particular author
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