ABSTRACT
Chapter 4 starts with a brief explanation of the role of the Supreme Court in the American legal system and how its unique position impacts the nature of its consideration of a case that is actually accepted for review. The importance of being prepared to have a case arrive in that setting when at the time of the events it seems relatively minor is discussed in terms of how to “protect the record” and the critical importance of sound communication among the various participants in the system. The chapter provides analysis of such crucial portions of this case on the nature of the legal review process, articulation issues, and performance standards.
It further presents an initial examination of the relevant elements pertaining to the reasonableness as applied to frisks. Additionally, the chapter addresses intuitive insights, the confirmation of the officer’s curiosity, and the necessity of communicating one’s experience and training.
