TITLE

FOURTH AMENDMENT--DETERMINING THE REASONABLE LENGTH OF A TERRY STOP

AUTHOR(S)
Kulowiec, David J.
PUB. DATE
December 1985
SOURCE
Journal of Criminal Law & Criminology;Winter1985, Vol. 76 Issue 4, p1003
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This note examines the U.S. Supreme Court's decision in United States v. Sharpe. In this case, the U.S. Supreme Court considered whether a police officer violated an individual's fourth amendment rights when the officer detained the suspect without probable cause for arrest. The Supreme Court held that the seizure of respondent Donald Savage was constitutionally valid because law enforcement officials diligently pursued a viable means of investigation to dispel their reasonable suspicion that the respondent was involved in illegal drug trafficking. In reaching its decision, the majority in Sharpe established a diligence test to determine if, in the absence of probable cause, the duration of the seizure was sufficiently limited in scope so as not to constitute an illegal de facto arrest. This note will examine the U.S. Supreme Court's reasoning in Sharpe and will distinguish the two tests that the majority and Justice Marshall, in his separate concurrence, advocate for determining the proper time limit of non-probable cause seizures. This note will then assess which test is more appropriate in light of the Supreme Court's rationale in Terry v. Ohio and subsequent fourth amendment cases.
ACCESSION #
17516098

 

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