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Does a full-scale search authorized by Terry under a reasonable suspicion standard require probable cause (PC)?

A) Yes
B) No

Answer :

Final answer:

A full-scale search authorized under Terry's reasonable suspicion standard does not require probable cause. The Terry and T.L.O. rulings permit searches based on reasonable suspicion, a lower threshold than probable cause. However, the search's scope should be proportionate to the threat and the individual's age.

Explanation:

In the landmark case of Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court established the 'Terry Stop.' The decision permits police to stop and frisk a person if they have a reasonable suspicion that the person has committed, or is about to commit, a crime and that the suspect may be armed. This is a lower threshold than probable cause. Probable Cause would require a higher degree of certainty, whereas reasonable suspicion is merely a reasonable presumption.

This same standard applies to searches carried out by school officials, as per another important case New Jersey v. T. L. O., 469 U.S. 325 (1985). Again, a standard of reasonable suspicion instead of probable cause is used.

However, it's important to understand that the scope of a search should be directly related to the justification for its initiation. As the case T.L.O. case suggests, the search's intrusiveness should be proportional to the hype and immediacy of the threat and the age of the student. A full-scale search would not be justified under a standard of reasonable suspicion alone unless the threat was sufficiently significant.

Learn more about Reasonable Suspicion vs Probable Cause here:

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