STOP and FRISK

Presentation

Abhishek Jha
Roll no.: 14013
Criminal Procedure- II
KUSL
 What is it?

• The situation in which a police officer who is

suspicious of an individual detains the person
and runs his hands lightly over the suspect's
outer garments to determine if the person is
carrying a concealed weapon or contrabands.
The Controversy

•A stop is different from an arrest.

•This type of limited search occurs when police confront a suspicious person in
an effort to prevent a crime from taking place. The police frisk (pat down) the
person for weapons and question the person.

•A stop and frisk was usually conducted on the basis of reasonable suspicion, a
somewhat lower standard than probable cause.

•The Supreme Court has said that a search occurs when a government official
infringes a person's legitimate expectation of privacy (Katz v. U.S.), or commits
a trespass to private property in an effort to obtain information. (U.S. v. Jones)
 The Fourth Amendment

• In 1968 the Supreme Court evaluated Stop and Frisk

under the Fourth Amendment's protection against
unreasonable searches and seizures.
• Under Fourth Amendment case law, a constitutional
Search and Seizure must be based on Probable Cause.
 Case Laws
• United States v. Sokolow, 490 U.S. 1, 109 S. Ct. 1581, 104 L.
Ed. 2d 1 (1989),

The case involved a stop and frisk at an international airport,

during which the defendant aroused suspicion by conforming
to a controversial "drug courier profile" developed by the
Drug Enforcement Agency (DEA). The Court said that the DEA
profile gave the officer reasonable suspicion, "which is more
than a mere hunch but less than probable cause." 
 Case Law Contd...
Alabama v. White, 496 U.S. 325, 110 S. Ct. 2412, 110 L. Ed. 2d
301 (1990)

• The Supreme Court of US upheld stop and frisk of an

automobile based solely on an anonymous tip. Police went to
the site, found the vehicle, and detained the driver. The police
then found marijuana and cocaine in the automobile.
• The Court concluded that the tip and its corroboration were
sufficiently reliable to justify the investigatory stop that
ultimately led to the arrest of the driver and the seizure of the
drugs.
 Legal Provision - Nepal
Nepal Police Act, 1955
Sec 17 Power of police employees to arrest without
warrant:

 … when a curfew is in force.

 … who carries arms and ammunitions at night without proper
reason
 … who is reasonably suspected to have absconded upon
deserting to Nepal army or police force.
 … who is reasonably suspected to have committed any of the
crimes mentioned in Chapter-6 of this Act.
Conclusion and
Observation

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