Terry Vs Ohio Case Study
Terry v. Ohio 392 U.S. (1968) Facts:
Plainclothes Officer McFadden was patrolling downtown Cleveland to suppress purse swatches, shoplifting, and robbery of merchants plus shoppers when he observed John W. Terry and two cohorts case a corner store for a robbery. Officer McFadden became suspicious, went up to the three men and conducted a pat-down. When the officer pat-down the outside of Terry's coat, he felt something hard in Terry's outer pocket that felt like a gun. McFadden reached into that pocket only and confiscated an illegally possessed gun. Officer proceeded and arrested Terry.
Issue:
Can police stop a person without probable cause? Can police search a person stopped without probable cause?
Holding:
Affirmed. Police may
stop a person based on reasonable suspicion for a field interview. Police may also conduct a cursory search for weapons on a person stopped on reasonable suspicion in the interest of officer safety and public safety. (Fourth & Fourteenth Amendment).
Reasoning:
The behavior of Officer McFadden in this case is an example of industry standard police behavior whether the police activity in question is constitutional or not. Such industry standard police behavior has resulted in nineteen current expectations to the fourth amendment warrant rule.
Plainclothes Officer McFadden was patrolling downtown Cleveland to suppress purse swatches, shoplifting, and robbery of merchants plus shoppers when he observed John W. Terry and two cohorts case a corner store for a robbery. Officer McFadden became suspicious, went up to the three men and conducted a pat-down. When the officer pat-down the outside of Terry's coat, he felt something hard in Terry's outer pocket that felt like a gun. McFadden reached into that pocket only and confiscated an illegally possessed gun. Officer proceeded and arrested Terry.
Issue:
Can police stop a person without probable cause? Can police search a person stopped without probable cause?
Holding:
Affirmed. Police may
stop a person based on reasonable suspicion for a field interview. Police may also conduct a cursory search for weapons on a person stopped on reasonable suspicion in the interest of officer safety and public safety. (Fourth & Fourteenth Amendment).
Reasoning:
The behavior of Officer McFadden in this case is an example of industry standard police behavior whether the police activity in question is constitutional or not. Such industry standard police behavior has resulted in nineteen current expectations to the fourth amendment warrant rule.