Question

Two police officers were approached by a person (previously known to them) who stated that a man, Jack Smith was in the Valley Grill on First Street and that he had several bags of cocaine for sale. The person provided detailed information concerning Smith and described the clothing he was wearing. The officers went to the Valley Grill and found no one of that description. After the officers left the bar/restaurant, however, they observed a person walking on the sidewalk who matched the description they had been given. The officers approached him, blocked his path, and asked for his identification. The man's identification revealed that his name was Jack Smith. At that point, the officers ordered Smith to remove his shoes. Smith did so as the officers continued to ask him questions. Was this action appropriate?

Answer 1

Although most of the searches and seizures require a warrant, some can be done without a warrant under Searches of persons and vehicles incident to a Terry stop which is also known as stop and frisks. In this incident, the police officers have enough reasons to believe that the person possesses materials that are prohibited by law. Thus, the police officers can stop and frisk which in no way violates the fourth amendment. Stop and frisk became more important form of searching with the war on terror and war on drugs equipped the police officers with more powers to search suspects without a warrant.

Thank you for the question. Please rate if you like the answer.