Sunday, October 6, 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 ââ¬Å"seizures regulated by the Fourth Amendmentâ⬠and ââ¬Å"must be justified by reasonable suspicion of criminal activity on the part of the detaineeâ⬠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 ââ¬Å"totality of the circumstancesâ⬠(Harr, Hess, and Orthmann 235). While ââ¬Å"an anonymous tip, with nothing else, has been held to lack sufficient reliability to establish the reasonable suspicion for a...stopâ⬠(Harr, Hess, and Orthmann 235), other circumstances, such as ââ¬Å"flight from policeâ⬠may be a ââ¬Å"relevant factor overallâ⬠(Harr, Hess, and Orthmann 235). This should be held in view of ââ¬Å"the totality of the circumstancesâ⬠(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, ââ¬Å"Terry allows officers to take all necessary steps to protect themselves if the circumstances reasonably warrant such measuresâ⬠(Harr, Hess, and Orthmann 238). If the situation requires such actions, the police officer may 1) ââ¬Å"draw their weapons,â⬠2) ââ¬Å"have a reasonable number of backup officers,â⬠and; 3) ââ¬Å"handcuff individuals or place them in the back of a squad carâ⬠(Harr, Hess, and Orthmann 238). However, sometimes, even just a ââ¬Å"frisk [is enough] protective actionâ⬠during seizures (Harr, Hess, and
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