Malcolm, a 28-year-old African American man, is walking down the street on his way to his job at an insurance office. A uniformed police officer tells Malcolm to stop and begins to pat him down. When Malcolm asks why he is being stopped, the police officer tells him to shut up. After checking the name on Malcolm's driver's license, the officer tells Malcolm he is free to go. Does this stop fit the requirements of a Terry stop?

Question

Quizplus · Accepted Answer

a. Incorrect. In Terry v. Ohio, the Court ruled that a police officer can stop and frisk a person under five conditions, the first of which is the officer observes unusual conduct that leads him reasonably to conclude in light of his experience that criminal activity may be afoot. Incriminating items do not need to be found to meet the requirements of a Terry stop.
b. Correct. In Terry v. Ohio, the Court ruled that a police officer can stop and frisk a person under five conditions, the first of which is the officer observes unusual conduct that leads him reasonably to conclude in light of his experience that criminal activity may be afoot.
c. Incorrect. In Terry v. Ohio, the Court ruled that a police officer can stop and frisk a person under five conditions, the first of which is the officer observes unusual conduct that leads him reasonably to conclude in light of his experience that criminal activity may be afoot. Police are not allowed to conduct a search for weapons unless he or she can reasonably conclude that criminal activity may be afoot. In this answer the officer did not have the ability to make that reasonable conclusion.
d. Incorrect. In Terry v. Ohio, the Court ruled that a police officer can stop and frisk a person under five conditions, the first of which is the officer observes unusual conduct that leads him reasonably to conclude in light of his experience that criminal activity may be afoot. Terry v. Ohio does not have a racial profiling aspect. Racial profiling by law enforcement officers is unacceptable.

Malcolm, a 28-Year-Old African American Man, Is Walking Down the Street