NCJ Number
102563
Date Published
1983
Length
57 pages
Annotation
This study reviews U.S. Supreme Court decisions bearing upon the discretion of police officers in enforcing existing laws against carrying weapons in public.
Abstract
Court decisions allow officers to search persons arrested for another offense, and any weapons found could be grounds for charging a weapons violation. Court rulings also permit police to approach citizens on the street and ask questions which may lead the officer to have probable cause or reasonable suspicion that a crime has been committed. The citizen may also be asked to consent to a search. Private citizens are not bound by the fourth amendment, so owners of public establishments may use magnetometers or other means to detect hidden weapons. Police stops and frisks based on 'reasonable suspicion,' whether grounded in personal observation of a bulge in clothing suggesting a weapon or an informant's tip, have been upheld by the Court as reasonable. Searches based on offender profiles have not been decisively resolved by the Court. The rationales of the Court's decision in 'checkpoint' or 'neutral plan' cases are apparently directly applicable to the use of similar enforcement means for gun laws. In the last analysis, the Court's interpretation is likely to depend on how seriously courts, prosecutors, and jurors view the threat of gun use and gun possession. 9-item selected bibliography.