A Terry stop refers to the brief stopping and questioning of a person by a police officer whom they suspect of committing or about to commit a crime. The officer may also conduct a search for a hidden weapon on the person, without the need for a warrant or probable cause, as long as there is a reasonable suspicion. The Supreme Court has deemed this type of stop constitutional, provided it is grounded in reasonable suspicion. It is alternatively referred to as an investigatory stop, field stop, or investigatory defence.
A Terry stop refers to the brief detention, questioning, and search of an individual by a police officer if there is a reasonable suspicion that the person has committed or is about to commit a crime. This can be done without a warrant or probable cause. For instance, if a police officer observes someone behaving suspiciously near a recently robbed store, they may conduct a Terry stop to search for any weapons that may have been used in the crime. The Supreme Court’s ruling in Terry v. Ohio established the constitutionality of this type of stop and frisk, as long as the officer has reasonable suspicion. It is also referred to as an investigatory stop, field stop, or investigatory defence. In essence, a Terry stop allows police officers to swiftly investigate potential criminal activity and ensure public safety.
A Terry stop refers to a brief detention of an individual by law enforcement officers based on reasonable suspicion that the person has committed, is committing, or is about to commit a crime.
The legal basis for a Terry stop is derived from the Fourth Amendment of the United States Constitution, which protects individuals from unreasonable searches and seizures. It allows law enforcement officers to briefly detain a person if they have reasonable suspicion of criminal activity.
Reasonable suspicion is a lower standard than probable cause and requires specific and articulable facts that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed. It cannot be based on mere hunches or general profiles.
A Terry stop is meant to be a brief and limited detention. The duration of the stop should be no longer than necessary to confirm or dispel the officer’s suspicion. Generally, it should not exceed the time required to conduct a routine investigation, such as checking identification or asking a few questions.
During a Terry stop, an officer may conduct a pat-down search of the outer clothing if they have reasonable suspicion that the person is armed and dangerous. However, a full search of the person’s belongings or body cavities requires probable cause or a valid search warrant.
You have the right to remain silent during a Terry stop. However, it is generally advisable to provide basic identifying information, such as your name and address, as refusing to do so may escalate the situation or lead to additional suspicion.
A Terry stop is a temporary detention, and you are not free to leave until the officer has either confirmed or dispelled their suspicion. However, if the officer does not have reasonable suspicion or extends the stop beyond a reasonable time, you may have grounds to challenge the legality of the detention.
A Terry stop is not an arrest. However, if during the course of the stop, the officer develops probable cause to believe that you have committed a crime, they may proceed with an arrest.
Yes, if you believe that a Terry stop was conducted unlawfully, you have the right to file a complaint with the law enforcement agency involved. It is advisable to gather any evidence or witnesses that may support your claim.
If a Terry stop is conducted unlawfully, any evidence obtained as a result of that stop may be deemed inadmissible in court. It is important to consult with an attorney to determine the best course of action to challenge the legality of the stop and any evidence obtained.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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