skip to main content
Language:

Criminal procedure - 'State v. Kelly'

Harvard Law Review

Harvard law review, 2015-01, Vol.128 (3), p.1003-1010 [Peer Reviewed Journal]

Full text available

Citations Cited by
  • Title:
    Criminal procedure - 'State v. Kelly'
  • Author: Harvard Law Review
  • Subjects: Constitutional amendments ; CRIMINAL PROCEDURE ; Evaluation ; Law and legislation ; POLICE ; Presumptions (Law) ; SEARCHES AND SEIZURES ; U.S. states ; Warrants (Law)
  • Is Part Of: Harvard law review, 2015-01, Vol.128 (3), p.1003-1010
  • Notes: HARVARD LAW REVIEW, Vol. 128, No. 3, Jan 2015, 1003-1010
    AGIS_c.jpg
    Informit, Melbourne (Vic)
    2019-11-25T13:36:57+11:00
    HARVARD LAW REVIEW, Vol. 128, No. 3, Jan 2015: 1003-1010
  • Description: Under the Fourth Amendment, a search or seizure must be "reasonable." Traditionally, it has been presumed that the police meet this requirement only if they act with a warrant based on probable cause. In 'Terry v. Ohio', this warrant presumption yielded to a general reasonableness test under which the Supreme Court balanced the government and individual interests involved in the search and seizure. The Court held that police officers may briefly detain and pat down a suspect on the street based only on a "reasonable suspicion" that the suspect was armed and committing a crime. Since Terry, courts have used the reasonableness balancing test to craft several more exceptions to the warrant requirement, widening what one scholar discussing an early post-Terry case called "the kind of very small hole... which customarily begins the process by which entire tapestries unravel."
    Under the Fourth Amendment, a search or seizure must be "reasonable." Traditionally, it has been presumed that the police meet this requirement only if they act with a warrant based on probable cause. In 'Terry v. Ohio', this warrant presumption yielded to a general reasonableness test under which the Supreme Court balanced the government and individual interests involved in the search and seizure. The Court held that police officers may briefly detain and pat down a suspect on the street based only on a "reasonable suspicion" that the suspect was armed and committing a crime. Since Terry, courts have used the reasonableness balancing test to craft several more exceptions to the warrant requirement, widening what one scholar discussing an early post-Terry case called "the kind of very small hole . . . which customarily begins the process by which entire tapestries unravel."
Back to results list
Go to Previous pagePrevious Result  2 NextGo to Next page

  • Implemented by: ABCD-USP USP   Social Network Logos: Freepik

Searching Remote Databases, Please Wait

  • Searching for
  • inscope:(USP_VIDEOS),scope:("PRIMO"),scope:(USP_FISICO),scope:(USP_EREVISTAS),scope:(USP),scope:(USP_EBOOKS),scope:(USP_PRODUCAO),primo_central_multiple_fe
  • Show me what you have so far