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Old January 30, 2009, 02:37 AM   #8
nemoaz
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Join Date: May 4, 2007
Location: Meechigan
Posts: 492
I'm appalled at your appallment.

I think you are intertwining the concepts. A Terry stop and a Terry frisk are two different concepts. You may have a Terry stop and a Terry frisk in the same case, as was the case in Terry itself. You may also have a Terry stop in which there is no justification for a Terry frisk. I think--and apparently all the justices agree-- conversely you can also have a Terry frisk alone. It seems to me that any search (regardless of the level of suspicious or even with a warrant) inherently involves at least a minimal and perhaps temporary seizure of a person long enough to carry out the search. So the suspicious necessary to do a patdown for the weapon (in this case RS) implicitly involves a short detention long enough to allow the patdown.

Anyway, I'd argue it that way.
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