Terry stop

A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity.^[1]^[2] Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur on a bus.^[3]

In the United States at the federal level, the Supreme Court has decided many cases that define the intersection between policing and the Fourth Amendment protection against unreasonable searches and seizures. However, Congress has not defined a baseline for police behavior. There has been some state action at both the legislative and judicial levels, and also some cities have passed laws on these issues.^[4]^[5]

Some law academicians are concerned that jurisprudence permitting Terry stops does not account for possible implicit bias of officers, and that this possibly results in racially skewed decision-making.^[6]Communities that have high rates of incarceration may experience more intense and punitive policing and surveillance practices even during periods of time when general crime rates are decreasing.^[7]

^ "Terry v. Ohio, 392 US 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)". Google Scholar. Retrieved September 11, 2019.
^ "United States v. Sokolow, 490 US 1, 109 S. Ct. 1581, 104 L. Ed. 2d 1 (1989)". Google Scholar. Retrieved September 11, 2019. ("In Terry v. Ohio, 392 U. S. 1, 30 (1968), we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity "may be afoot," even if the officer lacks probable cause.")
^ "Motions to Suppress in Removal Proceedings" (PDF). American Immigration Council. August 1, 2017. Retrieved November 13, 2018., page 8 (Bus and Train Sweeps)
^ Barry Friedman, Tracey Meares, and Charles H. Ramsey, moderated by Jeffrey Rosen. A Discussion on Privacy and Policing at the National Constitution Center (Video). Philadelphia, PA: National Constitution Center. Archived from the original on December 12, 2021.
^ Gorman, Michael J. (2007). "Survey: State Search and Seizure Analogs" (PDF). Mississippi Law Journal. 77.
^ Hutchins, Renee (2013). "Stop Terry: Reasonable Suspicion, Race, and a Proposal to Limit Terry Stops". Digital Commons.
^ Pettit, Becky; Gutierrez, Carmen (May 2018). "Mass Incarceration and Racial Inequality". American Journal of Economics and Sociology. 77 (3–4): 1153–1182. doi:10.1111/ajes.12241. PMC 9540942. PMID 36213171.

[terry-1] "Terry v. Ohio, 392 US 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)". Google Scholar. Retrieved September 11, 2019.

[sokolow-2] "United States v. Sokolow, 490 US 1, 109 S. Ct. 1581, 104 L. Ed. 2d 1 (1989)". Google Scholar. Retrieved September 11, 2019. ("In Terry v. Ohio, 392 U. S. 1, 30 (1968), we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity "may be afoot," even if the officer lacks probable cause.")

[3] "Motions to Suppress in Removal Proceedings" (PDF). American Immigration Council. August 1, 2017. Retrieved November 13, 2018., page 8 (Bus and Train Sweeps)

[4] Barry Friedman, Tracey Meares, and Charles H. Ramsey, moderated by Jeffrey Rosen. A Discussion on Privacy and Policing at the National Constitution Center (Video). Philadelphia, PA: National Constitution Center. Archived from the original on December 12, 2021.

[5] Gorman, Michael J. (2007). "Survey: State Search and Seizure Analogs" (PDF). Mississippi Law Journal. 77.

[:16-6] Hutchins, Renee (2013). "Stop Terry: Reasonable Suspicion, Race, and a Proposal to Limit Terry Stops". Digital Commons.

[7] Pettit, Becky; Gutierrez, Carmen (May 2018). "Mass Incarceration and Racial Inequality". American Journal of Economics and Sociology. 77 (3–4): 1153–1182. doi:10.1111/ajes.12241. PMC 9540942. PMID 36213171.

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