Thursday, August 15, 1996

US Supreme Court Terry v. Ohio

6-10-68

   Every cop knows Terry v. Ohio... Officer McFadden stopped Terry & Co. after watching him case a store, apparently preparing for a robbery.  Fearing that they were armed, he searched them for weapons.  They were armed, and charged with CCW.

   The defendants filed a motion to suppress the guns as the fruit of an illegal search.  The Court held that the Fourth Amendment prohibits unreasonable search and seizure, and it is reasonable for an officer to detain a suspect based on reasonable suspicion of criminal activity and search that suspect's outer clothing for weapons when there is reason to believe the suspect might be armed and dangerous.

   Interestingly, there was a dissenting opinion.  Justice Douglas would have held that the stop and search were unreasonable because they were not based on probable cause.  Can you imagine how much more difficult law enforcement would be if the court's decision had gone that way?

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