60. The method of analysis that considers the Fourth Amendment’s two clauses as being separate and addressing different
problems is the _______________ _______________ _______________ approach.
CRPR.SAMA.18.04.02 – Understand and appreciate that warrantless searches and seizures,
including Fourth Amendment stops and frisks, must satisfy the two requirements of the
reasonableness test: (1) the need to search/seize must outweigh the invasion of individual
liberty and privacy, and (2) there must be enough facts and circumstances to back up the
search/seizure.
61. Identify the three possible alternatives for applying the Fourth Amendment to stops and frisks, and explain why
SCOTUS adopted alternative three.
There are three possible interpretations of the Fourth Amendment that could be applied to
stops and frisks. Under the first interpretation, the Fourth Amendment would only apply to
full searches and arrests. Therefore, officers’ actions in other situations, including stops and
frisks, would be totally left to their discretion.
The second possible interpretation takes the exact opposite view. Under this interpretation,
even brief stops are arrests, and a pat-down or a frisk is a search. Since the Fourth
Amendment requires that these be supported by probable cause, the police can’t do anything
as far as stopping and frisking a person, unless probable cause exists.
Finally, the third interpretation admits that stops and frisks are searches and seizures, thus
subject to the Fourth Amendment. However, a stop and frisk would be viewed as a minor
search or seizure, far less intrusive than an arrest or a full-blown search. Thus, officers still
have to justify making a stop and frisk with facts, but since the intrusion is lesser, fewer facts