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Essay / Research Paper Abstract
This 3 page paper posits that Officer had reasonable suspicions under search and seizure laws, but he voilated Radley's rights under due process. Bibliography lists 7 sources.
Page Count:
3 pages (~225 words per page)
File: JV57_JVlegalint.rtf
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Unformatted sample text from the term paper:
According to the Appellate Court in Missouri v. Perry, the Fourth Amendment to the U.S. Constitution, enforceable through the Due Process Clause of the Fourteenth Amendment, guarantees the
right of George Radley from unreasonable searches and seizures and that states rely on decisions of the United States Supreme Court concerning search and seizure issues. Therefore it is reasonable
to question the validity of warrantless searches under constitutional guarantees. Warrantless searches and seizures must fit into a well-established exception, and one
of these is known as the "Terry stop" (State v. Martin, 79 S.W.3d 912, 916 (Mo. App. E.D. 2002, at 4). The Terry stop allows police to briefly detain a
person if the officer has a reasonable suspicion that criminal activity may be afoot. State v. Daniels, 221 S.W.3d 438, 442 (Mo. App. S.D. 2007) (citing United States v. Sokolow,
490 U.S. 1, 7 (1989)). There is no strict definition for what constitutes reasonable suspicion, but in Perry, the court stated that the
Fourth Amendment requires only "some minimal level of objective justification" for a Terry stop. The officer need not even act out of a suspicion of criminal activity. In State v.
Lanear, 805 S.W.2d 713, 716 (Mo. App. W.D. 1991), the court said, "The standard is whether the facts available to the officer at the moment of the seizure warrant a
person of reasonable caution in the belief that the action taken was appropriate." The court in Perry further stated that a determination
of "reasonable suspicion" relies on looking at the whole picture as presented by the officer. In the instant case, Officer Smith outlines a "whole picture" view of why he was
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