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Pennsylvania v. Mimms, 434 U.S. 106 (1977), is a United States Supreme Court criminal law decision holding that a police officer ordering a person out of a car following a traffic stop and conducting a pat-down to check for weapons did not violate the Fourth Amendment to the United States Constitution.
Some states listed have "stop and ID" laws which may or may not require someone to identify themself during an investigative detention. While Wisconsin statutes allow law enforcement officers to "demand" ID, there is no statutory requirement to provide them ID nor is there a penalty for refusing to; hence Wisconsin is not a must ID state. [26]
Although it was acknowledged that passengers present less risk in terms of traffic accidents, more people in a vehicle increases risk to the officer in the event of violence. Furthermore, even though there appears to be less probable cause behind ordering a passenger out than a driver, the only major change in circumstances is the person being ...
That is, the law limits the ways in which police officers can investigate and arrest a person suspected of a crime. In the event a law enforcement official violates these rules, evidence obtained may be suppressed, which essentially means that the prosecution may not use the evidence in court to convict a defendant of the crime charged.
Kolender v. Lawson, 461 U.S. 352 (1983), [1] is a United States Supreme Court case concerning the constitutionality of vague laws that allow police to demand that "loiterers" and "wanderers" provide "credible and reliable" identification.
The unusual case involves the Educator Discipline Act, a state law that controls how the Pennsylvania Department of Education investigates and prosecutes misconduct complaints against teachers and ...
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A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. [1] [2] Reasonable suspicion is a lower standard than probable cause which is needed for arrest.