Overview
The Supreme Court case Terry v. Ohio examined whether a police officer, suspecting a crime based on observation but lacking probable cause, could stop and frisk a person without violating the Fourth Amendment.
Background of the Incident
- Officer McFadden, with 30 years' experience, observed Terry and Chilton repeatedly peering into a store window and walking away, suggesting suspicious behavior.
- McFadden believed the men were planning a robbery based on their repeated actions.
- When approached, the suspects gave unintelligible responses to McFadden’s inquiry.
Stop and Frisk Procedure
- McFadden grabbed Terry, spun him around, and conducted a pat-down of his outer clothing.
- During the frisk, McFadden found a pistol in Terry’s coat pocket and subsequently found a second pistol on Chilton.
- Both men were charged with carrying concealed weapons.
Legal Proceedings
- Terry and Chilton argued in a pre-trial motion that the stop and frisk violated their Fourth Amendment rights.
- The trial court denied the motion, ruling the search permissible under the Fourth Amendment.
- Both men were convicted after a bench trial.
- The Ohio Court of Appeals affirmed the convictions, and the Ohio Supreme Court dismissed further appeal.
- Terry and Chilton filed a joint certiorari petition to the U.S. Supreme Court.
Legal Question
- The central issue was whether the Fourth Amendment allows an officer to stop and frisk a person based on reasonable suspicion, even when lacking probable cause for arrest or search.
Decisions
- Trial court ruled the stop and frisk permissible under the Fourth Amendment.
- Ohio Court of Appeals affirmed the trial court's ruling.
- Ohio Supreme Court dismissed further appeal as lacking a substantial constitutional question.
Action Items
- TBD – U.S. Supreme Court: Review the case and determine if the Fourth Amendment permits stop and frisk under these circumstances.