Section 9.5 Methodology of Analysis

• Library: Criminal Practice 2012 Supp

C. (§9.5) Methodology of Analysis

Analysis of Fourth Amendment issues generally requires a three-step process. The first step involves characterization of the conduct involved (e.g., encounter or stop or arrest). The second step involves identifying the justification required for that type of conduct and determining whether this justification exists (e.g., no cause or reasonable suspicion or probable cause). The final step involves determining whether the permissible scope of conduct or justification has been exceeded (e.g., what...