Terry vs. Ohio Case

Topics: Fourth Amendment to the United States Constitution, Police, Frisking Pages: 2 (570 words) Published: October 16, 2011
The most famous case in U.S. history is the Terry v. Ohio . The Terry v. Ohio case raised many questions as to whether or not the search and seizure of Terry violated the Fourth Amendment. The police officials thought they would take action upon themselves into frisking and searching the men for what they could find, not acknowledging the rights of the people. The courts decision was 8-1, meaning that the search done by the officer was reasonable in the Fourth Amendment and the weapons that were taken were used and held against him as evidence. After the Terry case, police are now demanded to search a suspect on reasonable suspicion. Police Detective Martin McFadden patrolled the area of downtown Cleveland on the afternoon of October 31, 1963. In his 35 years of experience as a detective he could tell whether or not someone was acting suspicious, or ready to rob a store, or as he would say, “ casing a job.” He had been patrolling this specific area for 30 years and developed special skills and habits of observing people and their actions. While one day observing his eye was instantly caught by two men, Chilton and Terry who appeared to be suspicious, and who he had never seen before, so he kept alert like all good policemen would do. His suspicion grew as he repeatedly watched the men take turns walking back and fourth looking into store windows and conversating with a third man on the corner who also seemed to be involved in there plan. He couldn’t sit back any longer, so he approached the men introducing himself as a police officer and asking them their names. The men did not cooperate, and as soon as McFadden heard one of them mumble something he immediately took action and grabbed Terry and turned him around to where he had control of him. He frisked him for any weapons, but only on the outside of his clothes and found a .38 caliber revolver in his coat pocket. Finding a revolver in Terry’s pocket he began to search Chilton and Katz, the third...
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