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During a case, Igor is reasonably led to believe that he is dealing with an armed and dangerous criminal. However, he does not have a warrant. He wants to search the suspect and wants to carry out a Terry stop. Which of the following courses of action is recommended for Igor?

a) Conduct a full search of the suspect without consent
b) Proceed with the Terry stop and conduct a limited pat-down for weapons
c) Request the suspect's permission for a search
d) Release the suspect without further action

User Guidsen
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1 Answer

4 votes

Final answer:

Igor should conduct a Terry stop and perform a limited pat-down for weapons, as this is legally justified under Terry v. Ohio when there is reasonable suspicion the individual is armed and dangerous. Other options, like a full search without consent or a warrant, may violate the Fourth Amendment, and obtaining consent or a warrant is proper before a more invasive search.

Step-by-step explanation:

When Igor, without a warrant, is reasonably led to believe he is dealing with an armed and dangerous criminal, the recommended course of action is to proceed with a Terry stop and conduct a limited pat-down for weapons. This type of stop-and-frisk procedure was established in Terry v. Ohio, which allows for the pat-down if there is reasonable suspicion of criminal activity and that the suspect is armed and dangerous. Such a search is intended to ensure the safety of the officer by allowing them to disarm a potentially dangerous individual, while respecting the suspect's Fourth Amendment rights.

Conducting a full search without consent or a warrant, requesting the suspect's permission for a search, or releasing the suspect without further action are not recommended in this scenario. A full search without consent or a warrant could violate the Fourth Amendment unless other specific circumstances justify such a search. However, if consent is given voluntarily, or if there are exigent circumstances such as the risk of evidence being destroyed, a search can be legally conducted without a warrant.

Finally, it's imperative for law enforcement to remember that if they do take a suspect into custody, they are required to read them their Miranda rights before commencing any interrogation to ensure that the suspect's statements can be admissible in court.

User Frohnzie
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