Ontario, Canada
The following excerpt is from R. v. Aguirre, 2006 CanLII 45694 (ON SC):
L.R. Katz, in “Terry v. Ohio at Thirty-Five: A Revisionist View” (2004), 74 Miss. L.J. 423 at p. 429, stated: Giving weight to a law enforcement officer’s assessment of an ongoing street situation is a fair tool to incorporate into the determination of the reasonableness of the decision to stop and question a suspect. However, it must not become a substitute for a court’s independent evaluation of the reasonableness of the officer’s conclusion.
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