Question

What facts and circumstances, when taken together with rational inferences, would cause a reasonable police officer to suspect that a person is, has been, or is about to be involved in criminal activity?

1) To detain or stop the person
2) To frisk the person if subject to lawful detention and armed and dangerous
3) To frisk other areas within the immediate control and access of the detained person for weapons
4) To conduct a 'protective sweep' of other rooms or spaces in a place where the officer is lawfully present for potential threats

Answer 1

Police officers can stop and frisk individuals based on a reasonable suspicion of involvement in criminal activity and if the suspect is thought to be armed and dangerous, adhering to the Fourth Amendment's protection against unreasonable searches and seizures. Option 2 is correct.

Step-by-step explanation:

Facts and circumstances that would lead a reasonable police officer to suspect criminal activity and thereby justify certain actions such as a stop, frisk, or search are based on a standard set out in the landmark Supreme Court case Terry v. Ohio.

In this case, the Court held that police may stop a person if they have reasonable suspicion that the person is involved in criminal activity and may frisk the suspect if they have reasonable suspicion that the suspect is armed and dangerous.

This principle upholds the Fourth Amendment's protection against unreasonable searches and seizures, while allowing officers to take necessary steps to ensure their safety and the integrity of the investigation.

For a police officer to detain or stop a person, there must be a reasonable suspicion that a crime has been, is being, or is about to be committed. A frisk can occur if the detained individual is reasonably suspected of being armed and dangerous.

Further, if lawfully detained, officers can search areas within immediate control of the person for weapons and conduct a 'protective sweep' of nearby spaces if they are lawfully present and believe there could be a potential threat. These steps are generally based on specific observable facts, behaviors, or information that would lead a reasonable officer to suspect criminal activity, not mere hunches or unfounded suspicions.

Probable cause is necessary for obtaining arrest warrants and sometimes for searches without a warrant, like searching the passenger compartment of a car or in exigent circumstances.

The Fourth Amendment requires that searches and seizures be reasonable, and while exigencies can allow for warrantless actions, the general rule is that a warrant must be obtained, particularly describing the place to be searched and the items to be seized.