What standard allows a stop-and-frisk under Terry v. Ohio?

Prepare for the APOST Legal Exam. Study with flashcards and multiple choice questions, each offering hints and explanations. Enhance your readiness for the exam!

Multiple Choice

What standard allows a stop-and-frisk under Terry v. Ohio?

Explanation:
The core idea is Terry v. Ohio’s two-step standard for stops and searches. A brief stop is allowed when the police have reasonable suspicion that the person is involved in criminal activity. If, during that stop, they have a reasonable belief that the person is armed and dangerous, they may perform a limited frisk (a pat-down) of the outer clothing to check for weapons. This frisk is narrowly tailored to police safety and is not a full search. So the correct approach matches the idea that a stop rests on reasonable suspicion, and a frisk rests on a reasonable belief the person is armed and dangerous. The other options rely on probable cause, require a warrant, or allow stops without any suspicion, which is contrary to the Terry framework.

The core idea is Terry v. Ohio’s two-step standard for stops and searches. A brief stop is allowed when the police have reasonable suspicion that the person is involved in criminal activity. If, during that stop, they have a reasonable belief that the person is armed and dangerous, they may perform a limited frisk (a pat-down) of the outer clothing to check for weapons. This frisk is narrowly tailored to police safety and is not a full search.

So the correct approach matches the idea that a stop rests on reasonable suspicion, and a frisk rests on a reasonable belief the person is armed and dangerous. The other options rely on probable cause, require a warrant, or allow stops without any suspicion, which is contrary to the Terry framework.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy