Thursday, July 25, 2019

History and Political Science Coursework Example | Topics and Well Written Essays - 750 words - 1

History and Political Science - Coursework Example Both a stop and an arrest are considered â€Å"seizures regulated by the Fourth Amendment† and â€Å"must be justified by reasonable suspicion of criminal activity on the part of the detainee† before they can be enacted (Harr, Hess, and Orthmann 233). Furthermore, the intensity and scope of a seizure determines the transformation of a stop to an arrest (Harr, Hess, and Orthmann 233). A stop is considered a temporary detention, while an arrest is more of a long-term detention. ... On the contrary, Terry recognized that it may be the essence of good police work to adopt an immediate response. (Harr, Hess, and Orthmann 235) A reasonable suspicion for a stop or a probable cause for an arrest depends on the â€Å"totality of the circumstances† (Harr, Hess, and Orthmann 235). While â€Å"an anonymous tip, with nothing else, has been held to lack sufficient reliability to establish the reasonable suspicion for a...stop† (Harr, Hess, and Orthmann 235), other circumstances, such as â€Å"flight from police† may be a â€Å"relevant factor overall† (Harr, Hess, and Orthmann 235). This should be held in view of â€Å"the totality of the circumstances† (Harr, Hess, and Orthmann 235). One good example given is when a person suddenly fled at the sight of the police in a high-criminal area. While it may automatically indicate any wrongdoing of the part of the person who fled, the overall circumstances provide the police reasonable suspicion . When evidences are found on the person, then there will be a probable cause for an arrest (Harr, Hess, and Orthmann 236-7). How much force can be used by an officer when executing an arrest? How is it determined? => During seizures such as an arrest or a stop, â€Å"Terry allows officers to take all necessary steps to protect themselves if the circumstances reasonably warrant such measures† (Harr, Hess, and Orthmann 238). If the situation requires such actions, the police officer may 1) â€Å"draw their weapons,† 2) â€Å"have a reasonable number of backup officers,† and; 3) â€Å"handcuff individuals or place them in the back of a squad car† (Harr, Hess, and Orthmann 238). However, sometimes, even just a â€Å"frisk [is enough] protective action† during seizures (Harr, Hess, and

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.