Sergeant Wilson was patrolling a local neighborhood when he observed two individuals standing by the doorway of a closed dry cleaning shop.The doorway was shadowed,but Wilson knew one of the men had been questioned regarding a local drug deal and knew that a lot of drug dealing occurred in that neighborhood.After a few minutes of observation,Wilson saw one man hand something to the other.Wilson then approached the two men,spoke to them,and approached them to have a conversation.One of them men turned and walked away quickly,but Wilson placed a hand on the other to detain him.Wilson then patted the man down,felt a hard object in the pocket of the man's jacket and pulled out a weapon.The man did not have documentation or licensure for the weapon and was arrested on a concealed weapons charge.The officer's pat-down was based on _________________________ and will be upheld in court if challenged.

Question

Quizplus · Accepted Answer

Sergeant Wilson had reasonable suspicion based on the fact that one of the men had been questioned for a drug deal and that the area was known for drug dealing. This level of suspicion is enough to allow a pat-down search for weapons according to the Fourth Amendment. Probable cause requires stronger evidence and clear and convincing evidence is an even higher standard. Prior experience alone would not be enough to justify a pat-down search.

Sergeant Wilson Was Patrolling a Local Neighborhood When He Observed