Evidence 101

EVIDENCE 101...Wherever you go, there you are...







Friday, May 16, 2014

Frisky Business

Frisks and searches. People hate 'em. They are unique to each other, not the same.

Unless you are a criminal, then you are used to the processes. Perps sometimes make a game of it, their lifestyle leads to hide and seek. We are not talking about the salami. Items. Items get hidden.

It is important for one to know Terry v. Ohio in which the term, "stop and frisk" first became coined. These parameters have evolved over time, however, and the standard answer to a rookie answering to what the basis of Terry v. Ohio is a little more detailed than the coin phrase. In fact, common phrase that came from this case was "the Terry stop." Oiks. The sound of "a Terry stop" just sounds like bad policing which stemmed from initially a good case decision. I never used the term. It was bad to do so because it led some to believe cops were profiling, stereotyping.

Then there is the "exclusionary rule". All these coined terms. Coins, coins, coins! Not really making any cents. (Yes, I am being funny. Why? Because I am. However, this is a serious topic).

Case laws, procedures, coined phrases, terms. Cops have to know them on point-impromptu-memorize, memorize.

Terry v. Ohio fascinates me and so have the case laws following thereafter. Like Miranda which has nothing to do with a frisk, but does include freedom to move or arrest and other terms like that, you might be familiar with and hear all the time. But who is Miranda?




Search and seizure and police procedures over the last 15 years, in fact, have grown into a professional and political monster, causing law enforcement to move into a career driven professional realm with certifications, intense training, and continuing education.

So, I'm not going to go into detail yet. What do you think is a proper way for a police officer to search a person during a frisk moment and after arrest? Those are two different points. Think about. I will get back to you.

4 comments:

Well Seasoned Fool said...

If you are being frisked, your day is probably headed South. If another unit or two pulls up, for sure your plans for the day are cancelled.

If it is TSA, you need to find a bar after clearing the checkpoint.

Old NFO said...

Problem is, you can't 'prep' for every possible situation...

Slamdunk said...

Students get more than they want from me on searches and frisk. It surprises me that some of the upper level ones still are comfortable with the difference.

Bob G. said...

Momma Fargo:
There used to be a lot better policy when it came to "stop, ask and frisk" here in the Summit City, but people like the NAACP saw it as "picking on blacks"...considering WHERE the frisks were conducted, it made sense...the SE side (where the majority of crime and suspicious behavior can be found).
SO, we're not on that system (at least it seems that way), but thank God for the ACSD and the ISP.
They will stop and check you out when there is just cause to do so.

Good post.

Roll safe.