Legally, stop-and-frisk is defined as a transitory non-intrusive security stop for a suspected person. Reasonably, before an arrest for a suspect is conducted, the police are expected to have a considerable suspicion that a crime is being planned, done, or is about to be committed. The police suspect that a criminal may be armed and dangerous; they may decide to stop and frisk a suspect by giving a quick pat-down to the suspect’s outer garments. Notably, a stop-and-frisk before an arrest is made must be according to the Fourth Amendment, therefore substantiating the arrest procedure to a sound of the reason (Carbado, 2017). Also, a reasonable arrest is made under a specified duration of time. The procedure is termed as illegal if a sniff search exceeds the time stipulated in the constitution.
According to Carroll v. United States court, automobile search rules, a suspect’s vehicle can be searched without any warranty issued by a police officer if the car is suspected of containing contrabands (Maclin, 2019). Parked automobiles or one in motion can be impounded as the Fourth Amendment allows for the warrantless seizure, and an arrest follows after that if any commodities are seized. Automobile search rules do not permit random searches of vehicles on the road unless the individual car is suspected of having illegal items (Maclin, 2019). For highway safety, fixed police check-points can be set up without any individualized automobile suspicion for searches that may lead to arrest in case of reasonable safety risk at the highways or the border points. Searches at any border area at the longstanding right reserved by the respective sovereign state for a person or property crossing its borders. Reasonable, it is authorized as part of arrest requirements at border points that warrantless searches, no probable cause irrespective of any reason of suspicions accompany the investigatory search and arrest. However, regulatory rules prohibit travelers’ prolonged detention for routine and customized travelers (Koka & Veshi, 2019). Notable, automobiles may be subjected to intensive searches to the extent of disassembling, reassembling the fuel tank, among other significant cases.
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References
Carbado, D. W. (2017). From Stop and Frisk to Shoot and Kill: Terry v. Ohio's Pathway to Police Violence. UCLA L. Rev. , 64 , 1508.
Koka, E., & Veshi, D. (2019). Irregular Migration by Sea: Interception and Rescue Interventions in Light of International Law and the EU Sea Borders Regulation. European Journal of Migration and Law , 21 (1), 26-52.
Maclin, T. (2019). Cops and Cars: How the Automobile Drove Fourth Amendment Law. BUL Rev. , 99 , 2317.
