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Arizona
v. Johnson, U.S Supreme Court, 1/26/09:
Stop and search: In a case involving the authority of
police officers to "stop and frisk" a passenger in a
motor vehicle after a traffic stop, the Court rules that:
1) the first condition of Terry v. Ohio, i.e. a lawful
investigatory stop, is met whenever it is lawful for police
to detain an automobile and its occupants pending inquiry
into a vehicular violation; 2) police need not have, in addition,
cause to believe any occupant of the vehicle is involved
in criminal activity; and 3) to justify a pat-down of the
driver or a passenger during a traffic stop, however, just
as in the case of a pedestrian reasonably suspected of
criminal activity, the police must harbor reasonable suspicion that
the person subjected to the frisk is armed and dangerous.
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Pearson v. Callahan, U.S. Supreme Court 1/21/09:
Search without warrant: In a 42 U.S.C. section 1983 action against state law
enforcement officers who conducted a search without warrant of the plaintiff's
house pursuant to his arrest, a court of appeals ruling reversing a ruling that
defendants were entitled to qualified immunity is reversed where: 1) the
procedure the Supreme Court mandated in Saucier v. Katz, 533 U.S. 194 (2001),
should not be regarded as an inflexible requirement; and 2) petitioners
were entitled to qualified immunity on the ground that it was not clearly
established at the time of the search that their conduct was unconstitutional.
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