CASENOTE: Fourth Amendment - Unreasonable Searches And Seizures - Unprovoked Flight Upon Noticing Police Officers While Present In A High-Crime Area Are Relevant Factors Which Create A Reasonable Suspicion To Justify A Terry Stop And Thus Does Not Violate The Fourth Amendment's Prohibition Of Unreasonable Searches And Seizures Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2001 Seton Hall University, Seton Hall Constitutional Law Journal
Seton Hall Constitutional Journal

CASENOTE: Fourth Amendment - Unreasonable Searches And Seizures - Unprovoked Flight Upon Noticing Police Officers While Present In A High-Crime Area Are Relevant Factors Which Create A Reasonable Suspicion To Justify A Terry Stop And Thus Does Not Violate The Fourth Amendment's Prohibition Of Unreasonable Searches And Seizures

- Illinois v. Wardlow, 120 S. Ct. 673 (2000).

Summer, 2001

11 Seton Hall Const. L.J. 859

Author

Peter E. Moran*

Excerpt

I. INTRODUCTION
 
The freedom to travel without fear from government intrusion, whether it be on local city streets or among the states, is one of the most "cherished liberties that distinguish this nation from so many others." 3 Such a right bespeaks the value which the Nation places in notions of personal autonomy, privacy, and constitutional principles of limited government. It is within this context that stop and frisk cases such as Illinois v. Wardlow, 4 focus on what factors can justify the Government, through its agents, the police, infringing upon a citizen's freedom of locomotion in light of Fourth Amendment protections. Since Terry v. Ohio 5 replaced the probable cause requirement with the reasonable suspicion standard for police investigatory stops, 6 the Court as well as the states have struggled with how to grant law enforcement "sufficient latitude to do their job without compromising the privacy interest of citizens in going about their lives." 7 Given the intrusive nature of such stops imposed upon the individual, the Court has mandated that such brief encounters be scrutinized under the protections granted by the Fourth Amendment. 8

The Fourth Amendment guarantees that persons, their homes, and effects will be protected from unreasonable searches and seizures, and that warrants will only be issued upon probable cause which particularly describe the person or thing to be searched or seized. 9 Much debate has surfaced over whether the unreasonableness clause and the warrant clause should be read in the conjunctive or ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities