|
Frisking (also called a patdown or pat down) is a search of a person's outer clothing wherein a person runs his or her hands along the outer garments to detect any concealed weapons. ==Stop and frisk== In the U.S., a law enforcement officer may briefly detain a person upon reasonable suspicion of involvement in a crime but short of probable cause to arrest; such a detention is known as a ''Terry'' stop.〔 Writing for the Court in ''Berkemer v. McCarty'', Justice Marshall stated :the usual traffic stop is more analogous to a so-called “''Terry'' stop,” see ''Terry v. Ohio'', 392 U.S. 1 (1968) (468 U.S. at 439) 〕 When a search for weapons is also authorized, the procedure is known as a stop and frisk. To justify the stop, a law enforcement officer must be able to point to “specific and articulable facts” that would indicate to a reasonable person that a crime has been, is being, or is about to be committed.〔 In ''Terry v. Ohio'', Chief Justice Warren stated :And in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion. (392 U.S. at 21) 〕 If the officer reasonably suspects that the suspect is in possession of a weapon that is of danger to the officer or others, the officer may conduct a frisking of the suspect’s outer garments to search for weapons. The search must be limited to what is necessary to discover weapons;〔 In ''Terry v. Ohio'', Chief Justice Warren stated :Thus it must be limited to that which is necessary for the discovery of weapons which might be used to harm the officer or others nearby, and may realistically be characterized as something less than a “full” search, even though it remains a serious intrusion. (392 U.S. at 26) Chief Justice Warren continued: :The sole justification of the search in the present situation is the protection of the police officer and others nearby, and it must therefore be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer. (392 U.S. at 29) 〕 however, pursuant to the “plain feel” doctrine, police may seize contraband discovered in the course of a frisk, but only if the contraband's identity is immediately apparent.〔 Writing for the Court in ''Minnesota v. Dickerson'', Justice White stated :If a police officer lawfully pats down a suspect’s outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons; if the object is contraband, its warrantless seizure would be justified by the same practical considerations that inhere in the plain-view context. (508 U.S. at 375–376) Justice White continued: :Here, the officer’s continued exploration of respondent’s pocket after having concluded that it contained no weapon was unrelated to “()he sole justification of the search (''Terry:'' ) the protection of the police officer and others nearby.” 392 U.S., at 29. It therefore amounted to the sort of evidentiary search that ''Terry'' expressly refused to authorize, see id., at 26, and that we have condemned in subsequent cases. (508 U.S. at 378) 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Frisking」の詳細全文を読む スポンサード リンク
|