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NCJ Number: 119001 Find in a Library
Title: Investigatory Detentions - The Supreme Court Speaks Again
Author(s): J C Coleman
Date Published: 1989
Page Count: 4
Sponsoring Agency: South Carolina Criminal Justice Acad
Columbia, SC 29210
Type: Policy/Procedure Handbook/Manual
Format: Article
Language: English
Country: United States of America
Annotation: In the 1968 case, Terry v. Ohio, the U.S. Supreme Court held that police may lawfully stop and detain a person suspected of engaging in criminal activity or of being about to engage in such activity - even though there is no probable cause to support such a belief.
Abstract: This type of detention has been called an investigatory stop - and must be supported by reasonable suspicion that crime is afoot - or is in the process of becoming afoot. In the case U.S. v. Sokolow, a drug suspect was stopped in the Honolulu airport under suspicion of smuggling drugs. Drug Enforcement Administration (DEA) agents made the investigatory stop because the defendant carried a lot of cash, appeared nervous, checked none of his baggage, traveled under an assumed name, and stayed a short time in Miami after a 20-hour trip from Hawaii. The lower court's ruling was that the DEA agents did not have a reasonable suspicion to stop the respondent, as required by the Fourth Amendment.
Main Term(s): Police due process training
Index Term(s): Arrest procedures; Drug smuggling; Stop and frisk
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