Thursday, October 17, 2019
Terry v. Ohio Essay Example | Topics and Well Written Essays - 250 words
Terry v. Ohio - Essay Example The purpose for the check is also a significant factor in distinguishing between a stop and an arrest. If the purpose of the check was to ensure the safety of oneself and others around due to suspicion of presence of a weapon, then the check is considered a stop. The check would be considered an arrest if main purpose was only to determine the presence of a weapon where there is no evidence of harm being caused. The manner also plays an important role. If the check is limited to a pat down of outer clothing wherein the intrusion is minimal, then it is treated as a stop. If the check is not just limited to a pat down and involves a full body search or similar wherein there is significant intrusion, then it would be considered an arrest (Worrall & Hemmens, 2005). If a person is investigates in a public place then it is more likely a frisk even though it is not limited to it and other factors need to be considered. If a person is taken to a private place away from the initial location, then it constitutes an
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