Assignment 2: Terry Vs. Ohio Case
Lakisha Frasier
Leg 420
Assignment 2: Terry V. Ohio 392 U.S. 1, 88 S. Ct. 1868, 20 L. ED. 2d 889, 1968 U.S.
March 1, 2015
I will be summarizing the aspects of Terry v Ohio case, discussing whether or not the men’s right to privacy was violated as well as the officer’s action described and the courts holding that provides the totality of the circumstances.
John W. Terry (the “Petitioner”), was stopped and searched after seemingly casing a store for robbery. Terry was approached by the officer who decided to search him verses questioning. Synopsis of rule of law says that an officer may search for weapons without a warrant, without probable cause, especially if the individual is believed to be armed and dangerous. From the officers observation he believed that they were casing the store for a potential robbery, due to the nature of the situation the officer decided to quick search before questioning which led to a concealed weapon being found.
The issue here is whether a search for weapons without probable cause for an arrest is unreasonable under the Fourth Amendment to the United States. Through the trial the court rejected the prosecution theory that he gun was seized during a lawful …show more content…
We have said precisely the opposite over and over again and "to give the police greater power than a magistrate is to take a long step down the totalitarian path, this step is desirable to cope with modern forms of lawlessness but if it is taken, it should be the deliberate choice of the people through a constitutional amendment." If loitering was the issue and the charge, there would be enough probable cause, but the charge is carrying a concealed weapon which hold no basis for probable cause if a crime was not
Leg 420
Assignment 2: Terry V. Ohio 392 U.S. 1, 88 S. Ct. 1868, 20 L. ED. 2d 889, 1968 U.S.
March 1, 2015
I will be summarizing the aspects of Terry v Ohio case, discussing whether or not the men’s right to privacy was violated as well as the officer’s action described and the courts holding that provides the totality of the circumstances.
John W. Terry (the “Petitioner”), was stopped and searched after seemingly casing a store for robbery. Terry was approached by the officer who decided to search him verses questioning. Synopsis of rule of law says that an officer may search for weapons without a warrant, without probable cause, especially if the individual is believed to be armed and dangerous. From the officers observation he believed that they were casing the store for a potential robbery, due to the nature of the situation the officer decided to quick search before questioning which led to a concealed weapon being found.
The issue here is whether a search for weapons without probable cause for an arrest is unreasonable under the Fourth Amendment to the United States. Through the trial the court rejected the prosecution theory that he gun was seized during a lawful …show more content…
We have said precisely the opposite over and over again and "to give the police greater power than a magistrate is to take a long step down the totalitarian path, this step is desirable to cope with modern forms of lawlessness but if it is taken, it should be the deliberate choice of the people through a constitutional amendment." If loitering was the issue and the charge, there would be enough probable cause, but the charge is carrying a concealed weapon which hold no basis for probable cause if a crime was not