Web20 Dec 2016 · Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968). The State has the burden of showing a warrantless search is constitutional, because warrantless searches are generally unreasonable under the Fourth Amendment. The State must demonstrate probable cause before any arrest can be found to be constitutional under the Fourth Amendment. Web11 Nov 2010 · What is clear is that when there are no “specific facts” that would cause an officer to believe that the driver is “armed and dangerous,” he may not search the …
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