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The Fourth Amendment of the U.S.
Constitution limits the power of the police to make arrests, search people and
their property, and seize objects and contraband, such as illegal drugs or
weapons. These limits are the bedrock of search and seizure law and are
ultimately at the root of your right to privacy.
Analyze the following case in
preparation for a systematic approach to your synthesis of law and
- Terry v. Ohio
located at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=392&invol=1
Write an eight to ten (8-10) page
legal Memorandum paper in which you:
- Summarize five (5) key aspects of
- Posit whether or not you believe law enforcement
violated Terry and the other men’s right to privacy which the Fourth Amendment
guarantees. Justify your position.
- Examine the dissenting opinion of
Justice Douglas, as discussed in the case. Discuss the origins and importance of
probable cause as it relates to law enforcement’s discretion to search Terry’s
car in this case.
- Examine the two part test provided
by the Court in Terry
that first asks whether the officer’s action is justified at its inception; and
second, asks whether it is reasonably related in scope to the circumstances
which justified the interference in the first place.Discuss whether or not this test
leaves officers with too much discretion when making a determination to stop an
individual. Provide a rationale for your response.
- Examine the Court’s holding in
Terry that provides
that probable cause is based upon the totality of the circumstances. Review the
factors that help shape the totality of circumstances, such as specialized
knowledge of the officers, investigative inferences, personal observations of
suspicious behavior, and information from other sources. Question whether these
factors in question are too subjective to establish probable cause. Provide a
rationale for your response.
- Debate the validity of the Court’s
holding that “whenever a police officer accosts an individual and restrains his
freedom to walk away, he has “seized” that person with the meaning of the Fourth
Amendment. Justify your response.
- Use at least two (2) quality
references. Note: Wikipedia and other Websites do not qualify
as academic resources.
Your assignment must follow these
- Be typed, double spaced, using Times
New Roman font (size 12), with one-inch margins on all sides; citations and
references must follow APA or school-specific format. Check with your professor
for any additional instructions.
- Include a cover page containing the
title of the assignment, the student’s name, the professor’s name, the course
title, and the date. The cover page and the reference page are not included in
the required assignment page length.
The specific course learning
outcomes associated with this assignment are:
- Illustrate the workings of the
- Use technology and information
resources to research issues in U.S. Courts.
- Write clearly and concisely about
U.S. Courts using proper writing mechanics and APA style
Grading for this assignment will be
based on answer quality, logic/organization of the paper, and language and
writing skills, using the following rubric.