Quote:
Originally Posted by Shadow
Enjoy...
http://www.answers.com/topic/terry-v-ohio
...or...
The readers digest version:
Refer to the above.
(You'd be better off addressing that question to the Supreme Court  )
I really didn't want to take the time to address this since I thought most of us would be able to figure out the difference; however, reading some of the responses, I can see that there's a need for definition.
So here's the huge difference in a pat down (Terry Frisk) vs. a search:
Where you can go.....!
...That's pretty much it.
In a search based upon warrant/PC, I can go anywhere and as far as the warrant or PC allows.
I can go INTO your pants/shirt/jacket pockets, remove your hat and check the band, remove your shoes/socks, and as we know from experience, can go as far as a cavity search (in the property faciloity with the proper personnel! I'm not doing it!), and anywhere else necessary to discover evidence and/or contraband (limiting this to the person, nothing else at this time).
In a pat down, it's the outside of the clothing, with specific intent, and then into the clothning only if you the officer, can articulate PC that what you felt from the outside, may be a weapon.
Does that clarify the issue a bit for everyone? |
Yeah, it does. That it's pure BS. I'm sorry, but I don't believe any reasonably logical person can honestly delude themselves and attempt to delude others into believing that a frisk or pat down is NOT a
search. "huge difference in a pat down (Terry Frisk) vs. a search" my ass.......
Again, WHY does a LEO decide to do a pat down in the first place unless he or she feels weapons, or something else, may be present under the clothes and wants to engage in a SEARCH for those items? And seriously, just because the SCOTUS sided with the government doesn't mean that it is not blatantly unconstitutional. They very often decline to bite the hand that feeds them, and are as politically motivated as any other body of appointed government officials.