Posit whether or not you believe law enforcement violated Terry and the other men’s right to privacy which the Fourth Amendment guarantees. Justify your position.
Examine the dissenting opinion of Justice Douglas, as discussed in the case. Discuss the origins and importance of probable cause as it relates to law enforcement’s discretion to search Terry’s car in this case.
Examine the two part test provided by the Court in Terry that first asks whether the officer’s action is justified at its inception; and second, asks whether it is reasonably related in scope to the circumstances which justified the interference in the first place.Discuss whether or not this test leaves officers with too much discretion when making a determination to stop an individual. Provide a rationale for your response.
Examine the Court’s holding in Terry that provides that probable cause is based upon the totality of the circumstances. Review the factors that help shape the totality of circumstances, such as specialized knowledge of the officers, investigative inferences, personal observations of suspicious behavior, and information from other sources. Question whether these factors in question are too subjective to establish probable cause. Provide a rationale for your response.
Debate the validity of the Court’s holding that “whenever a police officer accosts an individual and restrains his freedom to walk away, he has “seized” that person with the meaning of the Fourth Amendment. Justify your response.
Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.