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| The Law Offices of Mark Cummings - All Rights Reserved info@markcummingslaw.com |
| This website is designed for informational purposes only and is not intended to represent legal advice or the formation of a lawyer/client relationship. |
TERRY STOPS
CONSENT SEARCH
MIRANDA WARNINGS
| Short, investigatory stops used to determine whether criminal activity is occurring. To conduct a Terry Stop, police do not need probable cause, but rather reasonable suspicion of illegal activity. Although police cannot place their hands inside your clothing, they can pat you down for weapons or contraband. |
| A search conducted after permission has been given by the person to be searched. It waives the Fourth Amendment requirement of a Warrant and Probable Cause. If you give consent to search, you can terminate that consent at any time. The better practice is not to give consent at all. |
| This Fifth Amendment requirement is not required to be given until you are in police custody (either under arrest, or there is a restraint on your freedom to move) and you are being interrogated. Until either of these things happen, remember to just remain silent!!! |
