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Research On The Stop And Frisk Of American Police

Posted on:2019-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y T GongFull Text:PDF
GTID:2416330596452419Subject:Legal history
Abstract/Summary:PDF Full Text Request
The police interrogation in the US originated from the common law era in England.As a customary policeman's behavior of maintaining public order,there has been no explicit regulation of relevant laws.In the constitution of the United States,there is only the rule of search and seizure.For example,interdiction and raid search are always compared with the provisions of search seizure.The interrogation system adopt dual mode,one is to establish the federal law to arrest unified police interrogation in the reasonable doubt when starting right;two is through a large number of cases-the history of the United States and many related cases(such as the terry case)a detailed analysis of the content and the evolution of U.S.interrogation rules,analysis of these the case,the connotation is helpful to understand the modern American police interrogation set.The federal law the first unified arrest and verse three to arrest the provisions similar now we determined the police interrogation rules,before 1968,the decision has been acting because of a series of cases of police arresting film search behavior cause,can be said to occur after the decision,“Terry rules” all paved the way.In the federal uniform arrest law,the “reasonable basis” principle of arrest and the provisions of the Constitution for arresting behavior are also applied to form a set of corresponding rules for police interrogation.The United States Supreme Court in 1968 for the first time in the case of Terry careful analysis of the behavior of the police is discussed,and before that,the policeinterrogation behavior are classified as either arrest,arrest restriction also followed the rules,but are too many restrictions.Either directly as a minor police patrol was rejected by the fourth amendment to the constitution of the United States.The game all kinds of views in the Supreme Court of the United States,will be placed on the police interrogation behavior in the case of Terry magnification are analyzed detailed.In the final Terry decision,the Supreme Court introduced the “reasonable doubt”principle,for judging the behavior of police interrogation can start and follow-up action is legal according to the.The fourth amendment of the constitution of the United States has also been recognized as a constraint on the conduct of the police.With the development of society,as in the case of Terry similar cases continue to occur,starting from the case without Terry problem began to be answered in a sentence,and the behavior of the police interrogation began to get more details on the analysis of interpretation.The principle of “reasonable doubt” is the key to the legality of the subsequent police behavior and the admissibility of the evidence obtained in the case,and it has also been paid more attention to.With regard to the constitutionality of police interrogation rights,the game between individual freedom and public safety and public order is still playing in the new era,combined with the fourth amendment and the Fourteenth Amendment of the US Constitution.
Keywords/Search Tags:American police, stop and frisk, public security, constitutional rights of individuals
PDF Full Text Request
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