Which of the following standards of proof relates to Terry v Ohio, stop and frisk?

Question

Proof Beyond a Reasonable Doubt
	Reasonable suspicion
	6th sense
	Probable cause

Answer 1

I would concur with Jordan on this one. An officer needs to become very knowledgeable with report writing. Ultimately, what is put in that report will either make or break a case. Reasonable suspicion when articulated correctly allows for a law enforcement officer to conduct a stop and frisk. An example of this would be that an officer saw an individual walking down the street that fits the description of the offender that just broke into someone's house in that neighborhood, that would be valid. The stop is solely to look for weapons. It is not a full search. It is limited to the outer clothing unless the officer has a reason to continue further. For example, if the officer is conducting a pat down (stop and frisk), and while doing so, they feel something that could be a weapon, that would change the situation. One thing that I often find students asking is whether an officer can search for drugs during a pat down. This again would come down to articulation by the officer. They would need to be able to articulate why they went further with the stop and frisk to find the drugs. If you have an officer with multiple years of experience, and they could articulate that during the pat down for weapons, that officer felt what appeared to be multiple bags of crack cocaine, that might change things. The officer would need to make it crystal clear how he knew that. If it was just a hunch, they will lose the case. But, if the officer can state that he has made hundreds of arrests including those where the officer has found multiple bags of crack rocks, he would be justified. There's one key rule with this. The officer is not allowed by any means to manipulate the clothing for this. Meaning, if the officer felt like what appeared to be multiple bags of marijuana, they wouldn't be able to take the pocket, and start squishing it and moving the clothing around to help build probable cause to arrest based on that marijuana. The key with this whole thing is reasonable suspicion must be present.

Answer 2

A reasonable suspicion that an officer is capable of articulating at a later point in time should the search be challenged. This standard requires more than a hunch but less than probable cause. Furthermore, the officer must have a reasonable suspicion for the stop and for the frisk.