Friday, May 10, 2019

LAW Essay Example | Topics and Well Written Essays - 500 words

LAW - Essay ExampleBeing suspicious of a person is ground enough to warrant the officer asking questions of the individual but searching violates the Constitution. Others cite the safety of the officer as reason enough to allow them to search anyone they deem to be acting in a suspicious manner and if something illegal is found, it should be admissible evidence in butterfly. The Supreme Court overwhelmingly agreed with the latter opinion.A detective on duty in Cleveland saw two manpower walking back and forth in front of a store, staring in the stores window then speaking with a third man. The men were observed repeating this action near two dozen times. The detective thought these men may be casing the store and intend to rob it at a later time so he approached them, had them turn around, raise their hands and patted them down. Two of the three were found carrying weapons, Terry and Chilton, who were arrested and charged with concealed weapons violations. The seemingly simple c ase that more likely would have been settled in a municipal court became a test of the U.S. Constitution.At the trial, the defense argued that the facts of the case did not satisfy the definition of verisimilar cause therefore the weapons were illegally seized, a violation of the Fourth Amendment, and should not be allowed as evidence during the trial. Of course this would have lead to an contiguous dismissal of the case. The prosecution countered that the detective was within his full legal adjust to frisk the men, that the evidence conform to the definition of reasonable cause and the officers safety was dependent on this interpretation of the law. The court decided that the officer did have reasonable cause to believe the suspects were armed and were within his legal right to search them. It also declared that stopping an individual for questioning did not require the level of probable cause that is needed prior to making an arrest,

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