Differences and similarities between the types of seizure
Sample Solution
Stop and Frisk vs. Arrest: Comparing Seizure Standards and Stationhouse Detention Legality
The Fourth Amendment safeguards individuals from unreasonable searches and seizures by law enforcement. While both stop and frisk and arrest involve temporary deprivations of liberty, they differ significantly in their scope, purpose, and legal requirements.
Stop and Frisk vs. Arrest:
Similarities:
- Both involve temporary detentions by law enforcement.
- Both require reasonable suspicion based on specific and articulable facts.
- Both aim to ensure public safety and prevent crime.
Differences:
| Feature | Stop and Frisk | Arrest |
|---|---|---|
| Purpose | Briefly investigate suspicious activity. | Take someone into custody for alleged criminal activity. |
| Intrusiveness | Limited to pat-down for weapons. | Can involve full search of person and possessions. |
| Level of suspicion | Reasonable suspicion of criminal activity or potential danger. | Probable cause to believe a crime has been committed. |
| Duration | Brief and temporary. | Can last longer, depending on circumstances. |
Full Answer Section
Proof Required:
- Stop and frisk: Reasonable suspicion (articulable facts suggesting criminal activity or weapon possession).
- Arrest: Probable cause (strong evidence suggesting a crime has been committed).
Situations and Court Standards:
The Supreme Court has developed different standards for judging the constitutionality of stop and frisk and arrests based on the level of intrusion and potential for harm.
- Stop and frisk: Must be "reasonably designed to uncover guns, knives, clubs, or other hidden instruments" for officer safety. (Terry v. Ohio, 1968)
- Arrest: Must be based on "probable cause" to believe a crime has been committed. (Wong Sun v. United States, 1963)
The specific circumstances can also influence the Court's decisions. For example, a stop in a high-crime area might allow for a broader scope of questioning or frisk than one in a low-crime area.
Stationhouse Detention:
Police can detain individuals at a stationhouse for further investigation, but the length and purpose of the detention determine its legality.
Reasonable Detention:
- Must be brief and based on articulable suspicion that further investigation is needed.
- Cannot be used as a pretext for arrest without probable cause. (Dunaway v. New York, 1979)
Unreasonable Detention:
- Exceeds the time required for reasonable investigation.
- Lacks sufficient suspicion to justify further detention.
- Used as a pretext for arrest without probable cause.
Court Reasoning:
Courts analyze stationhouse detentions considering factors like:
- Length of detention
- Level of suspicion
- Nature of investigation
- Availability of less intrusive alternatives
For example, in Illinois v. Wardlow (2000), the Court deemed a 4-hour detention at the stationhouse "unreasonable" due to the lack of justification beyond the initial stop.
Sources:
- Terry v. Ohio, 392 U.S. 1 (1968)
- Wong Sun v. United States, 371 U.S. 471 (1963)
- Dunaway v. New York, 442 U.S. 200 (1979)
- Illinois v. Wardlow, 528 U.S. 119 (2000)
Remember, these are complex legal issues, and my analysis is for educational purposes only. Always consult legal professionals for specific legal advice.