Stop and Frisk Policy = Racial profiling in New York

Stop and Frisk The U.S. Supreme Court held that law enforcement officers may briefly detain (stop) and question a person based upon reasonable suspicion that he or she is involved in criminal activity.  This is known as a Terry stop.  See Terry v. Ohio. Reasonable suspicion, short of probable cause for arrest, depends on the totality of the circumstances.  Terry stops …

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Nervousness is no reason to prolong a traffic stop – Drugs suppressed

It seems our courts are following the Fourth Circuit in getting fed up with law enforcement and prosecutors alike trying to mold innocent acts into reasonable suspicion as a basis to detain you beyond the completion of a traffic stop . In State v. Moore, the SC Court of Appeals stated: We share the Fourth Circuit’s …

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Right to remain silent – Can and will be used against you in trial

Miranda Warnings On June 17, 2013 the U.S. Supreme Court decided Salinas v. Texas, which has major implications regarding criminal procedure and police practices. Issue before the U.S. Supreme Court The question before the court was: “Whether the prosecution may use a defendant’s assertion of the privilege against self-incrimination during a non-custodial police interview? However, the Court …

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