How the fourth amendment restricts police discretion


Problem:

First briefly explain in your own words, how the Fourth Amendment restricts police discretion;  what the difference is between a stop and an arrest;  and when is a Miranda warning not required?  ?You are a police officer patrolling an area of Washington, D.C., that is marked by extremely high rates of drug-related crime.  You become suspicious of a truck with temporary license plates being driven very slowly (well below speed limit) by a young African American male.  Although you do not consider yourself racially biased, you are well aware from your policing experience, that in this neighborhood many young black men in this type of vehicle with temporary plates are drug dealers.  You wonder whether these suspicions have reached the level of probable cause needed to pull over the truck.  You then notice the driver fails to signal while making a right turn.  Explain at what point in time you would respond, and what you would do and why.

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