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Answer :
Final answer:
The two elements required for a lawful pat down or frisk are (1) that the subject is lawfully detained / reasonable suspicion. In Terry v. Ohio, the Supreme Court ruled that police may stop and frisk a person if they have a reasonable suspicion that the person has committed or is about to commit a crime, as long as they also have a reasonable suspicion that the person is armed and dangerous. In addition, in order to search a person or seize evidence, police generally need a warrant issued upon probable cause supported by oath or affirmation, as stated in the Fourth Amendment.
Explanation:
The two elements required for a lawful pat down or frisk are (1) that the subject is lawfully detained / reasonable suspicion.
In Terry v. Ohio, the Supreme Court ruled that police may stop and frisk a person if they have a reasonable suspicion that the person has committed or is about to commit a crime, as long as they also have a reasonable suspicion that the person is armed and dangerous. This allows police to conduct a pat down or frisk for weapons without violating the person's Fourth Amendment rights.
In addition, in order to search a person or seize evidence, police generally need a warrant issued upon probable cause supported by oath or affirmation, as stated in the Fourth Amendment. However, there are exceptions to the warrant requirement in certain situations, such as when a person lacks a reasonable expectation of privacy or when there are exigent circumstances.
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