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Terry v. Ohio: Stop and Frisk Legalities

Jan 29, 2025

John W. TERRY, Petitioner, v. STATE OF OHIO

Case Details

  • Case Citation: 392 U.S. 1
  • Argued: December 12, 1967
  • Decided: June 10, 1968
  • Petitioner: John W. Terry
  • Respondent: State of Ohio
  • Chief Justice: Warren delivered the opinion of the Court

Key Issues

  • Fourth Amendment: This case raises significant issues about the Fourth Amendment, particularly its application during street encounters between citizens and police officers investigating suspicious behavior.
  • Conviction: Terry was convicted for carrying a concealed weapon, with evidence obtained by Officer McFadden after a stop and frisk.

Facts of the Case

  • Officer McFadden observed Terry and another individual, Chilton, engaging in suspicious behavior in downtown Cleveland.
  • He witnessed them repeatedly walking past a store window and conferring, actions that he interpreted as preparation for a robbery.
  • McFadden approached them, identified himself, and conducted a pat-down search, discovering weapons on Terry and Chilton.
  • Terry and Chilton were charged with carrying concealed weapons.

Legal Arguments and Court Rationale

Reasonable Search and Seizure

  • Fourth Amendment Protection: The Fourth Amendment protects individuals from unreasonable searches and seizures.
  • Search and Seizure Defined: The Court clarified that a "stop" is a seizure and a "frisk" is a search under the Fourth Amendment.
  • Reasonable Suspicion: The Court established that police must have specific and articulable facts that justify the intrusion.

Stop and Frisk Doctrine

  • Investigative Stop: Police can stop and question individuals if they have reasonable suspicion of criminal activity.
  • Frisk for Weapons: If an officer reasonably believes that a person is armed and dangerous, a limited search for weapons is permissible.
  • Distinction from Arrest: The search must be limited to what is necessary for the discovery of weapons, distinguishing it from a full search incident to an arrest.

Court’s Decision

  • Constitutionality: The Court upheld the legality of McFadden’s actions, stating that the "stop and frisk" was reasonable under the circumstances and did not violate the Fourth Amendment.
  • Evidence Admissibility: The revolvers found on Terry were admissible as evidence because the search was deemed reasonable.

Concurring Opinions

  • Justice Harlan: Emphasized the need for police to have reasonable grounds for a "stop" and the automatic right to frisk if the stop is justified.
  • Justice White: Highlighted the importance of interrogation during stops, stating that a brief detention for questioning is constitutional.

Dissenting Opinion

  • Justice Douglas: Argued that probable cause is necessary for any search and seizure, emphasizing the protection of individual liberties.

Implications

  • This case establishes guidelines for police conduct regarding "stop and frisk" procedures, balancing law enforcement needs with constitutional protections of individual rights.