Terry stop

A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur on a bus. A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur on a bus. There is a difference between one police officer stopping one individual, which is a tactical definition, and systematic promotion of this tactic on either the departmental or municipal level, which can damage police–community trust and lead to charges of racial profiling. Although the Supreme Court has published many cases that define the intersection between policing and the Fourth Amendment in America, the U.S. Congress has not defined a baseline for police behavior. There has been some state action at both the legislative and judicial levels, and also some cities have passed laws on these issues. Except where noted, this article will primarily deal with these issues on a national level. Local and state laws may vary, but that is the exception and not the rule. The concept of a Terry stops originated in the 1968 Supreme Court case Terry v. Ohio, in which a police officer detained three Cleveland men on the street behaving suspiciously, as if they were preparing for armed robbery. The police conducted a pat down search and discovered a revolver, and subsequently, two of the men were convicted of carrying a concealed weapon. The men appealed their case to the Supreme Court, arguing that the revolver was found during an illegal search under the Fourth Amendment. This brief detention and search were deemed admissible by the court, judging that the officer had reasonable suspicion which could be articulated (not just a hunch) that the person detained may be armed and dangerous. It is key to note that not just 'mere' suspicion was used, but 'reasonable' suspicion which could be articulated at a later date. This decision was made during a period of great social unrest in America in the 1960s, with rising crime, antiwar protests and race riots. It was thought that law enforcement needed to be provided with tools to deal with the unrest and new issues of urban crime. Some criticized the decision for watering down the prohibition against unreasonable searches and seizures, others praised it for balancing safety and individual rights.:94 To have reasonable suspicion that would justify a stop, police must have 'specific and articulable facts' that indicate the person to be stopped is or is about to be engaged in criminal activity. Reasonable suspicion depends on the 'totality of the circumstances'. Reasonable suspicion is a vague term and the Supreme Court concluded it should be decided on a case-by-case basis. Often it is built out of a combination of facts, each of which would, in itself, not be enough justification for the stop. The suspicion must be individualized. Suspecting people because they fit into a broad category, such as being in a particular location, being of a particular race or ethnicity, or fitting a profile, are insufficient for reasonable suspicion. However, stop-and-frisk has been validated on the basis of furtive movements; inappropriate attire; carrying suspicious objects such as a television or a pillowcase; vague, nonspecific answers to routine questions; refusal to identify oneself; and appearing to be out of place. The cases following Terry expanded the power of the police. While the original case was concerned with armed violence and firsthand observation by officers, Adams v. Williams (1972) extended the doctrine to drug possession backed up by the secondhand hearsay of an informant. United States v. Hensley (1985) ruled that police officers may stop and question suspects when they believe they recognize them from 'wanted' flyers issued by another police department. In Illinois v. Wardlow (2000), a person's unprovoked flight from Chicago police officers in 'an area known for heavy narcotics trafficking' constituted reasonable suspicion to stop him. Usually during a Terry stop, the police ask those they detain to identify themselves. Several states require people to provide their names to the police. In Hiibel v. Sixth Judicial District Court of Nevada (2004), these stop and identify statutes were deemed constitutional.