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Criminal Law

Journal Articles

1980

Probable cause

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Freezing The Status Quo In Criminal Investigations: The Melting Of Probable Cause And Warrent Requirements, Fernand N. Dutile Jan 1980

Freezing The Status Quo In Criminal Investigations: The Melting Of Probable Cause And Warrent Requirements, Fernand N. Dutile

Journal Articles

This article will trace the development of what can be called the "freezing the status quo" concept in the United States Supreme Court. That concept provides for intermediate level intrusions based on intermediate levels of justification, permitting law enforcement to isolate an event and exploit its opportunities for fruitful investigation. The article will begin with a discussion of two early cases which hinted at the Supreme Court's willingness to adopt the "freezing the status quo" doctrine as a means of justifying certain police activity in the absence of probable cause. Next, the Court's decisions in Terry v. Ohio and subsequent …