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Criminal Law

Rules on Search and Seizure

Do the police have the right to stop and frisk you?

That depends on the circumstances. On the one hand, the Supreme Court has ruled that an anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer’s stop and frisk of that person. On the other hand, suppose that the facts and circumstances are sufficient for the police to reasonably suspect that you are engaging in a criminal activity and that you may be armed and dangerous. Then they may stop you briefly to frisk you for weapons.

>>Do the police have the right to tap a telephone?
>>Do wiretaps have to be approved in advance?
>>May the police search you without a warrant?
>>Do the police have the right to stop and frisk you?
>>Can the police seize what they find in a frisk?
>>Does the law permit the police to search a home or items in it?
>>Can the police ever search a home without a warrant?
>>What happens if a search is not valid?


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