Terry V Ohio

Submitted By davidmai408

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David Mai
JS 143
4/8/2015

Brief: Terry v. Ohio, 392 U.S. 1 (1968)
Facts: While patrolling on a downtown beat in Cleveland, detective Martin McFadden observed two men who were standing in the corner of the street. They repeatedly walked up and down the same street, while constantly looking through a store window. After stopping and chatting with one another, they began walking up and down the street again, observing the same store window. A third man joins, but left after a brief conversation. Detective McFadden believed that the men were “casing” the store for a potential robbery, so he approached and questioned the two. Due to the totality of the circumstance and the reasonable suspicion, McFadden did a quick search (frisk) of the petitioner and found a concealed weapon in the outside pockets of his jacket. He was later charged with having a concealed weapon, in which he appealed.
Issues: Did detective McFadden violate Mr. Terry’s 4th amendment rights by doing a quick search (frisk) without probable cause?
Procedures: John Terry appealed the decision. He claimed that his 4th amendment rights were violated since it “protects the people” from unreasonable searches and seizures.
Held: No, The courts affirmed the conviction.
Reasoning/Analysis: Although Mr. Terry and his accomplice didn’t commit any crimes, but were acting very suspicious, it is a police officer’s job to investigate suspicious activity. Detective McFadden had reasonable suspicion that a crime was going to

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