Terry Vs Ohio Case Study
Strayer University
Terry v Ohio
LEG 420
Lisa Silva
In this case John Terry was seen by an officer, seeming to be casing a store for a robbery. “The Petitioner, John W. Terry was stopped and searched by an officer after the officer observed the Petitioner seemingly casing a store for a potential robbery. The officer approached the Petitioner for questioning and decided to search him first.” The officer finally decided to approach the men for questioning, after observing them for quite a long time and given the nature of the behavior the officer decided to perform a quick search of the men before questioning. A quick frisking of the Petitioner produced a concealed weapon and the Petitioner was charged with carrying a concealed weapon. …show more content…
The first sentence of Chief Justice Warren's opinion in Terry v Ohio, is as follows: "This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances.” According to Chief Justice Warren this issue had never been approached in the Supreme Court. Warren also stated “This case is dealing on the one hand with is frequently argued that in dealing with the rapidly unfolding and often dangerous situations on city streets the police are in need of an escalating set of flexible responses, graduated in relation to the amount of information they possess. For this purpose it is urged that distinctions should be made between a "stop" and an "arrest" (or a "seizure" of a person), and between a "frisk" and a "search." He believed this could be imposed because it was a minor inconvenience to the person being searched and was acceptable in order for effective law enforcement and secure the safety of the
Terry v Ohio
LEG 420
Lisa Silva
In this case John Terry was seen by an officer, seeming to be casing a store for a robbery. “The Petitioner, John W. Terry was stopped and searched by an officer after the officer observed the Petitioner seemingly casing a store for a potential robbery. The officer approached the Petitioner for questioning and decided to search him first.” The officer finally decided to approach the men for questioning, after observing them for quite a long time and given the nature of the behavior the officer decided to perform a quick search of the men before questioning. A quick frisking of the Petitioner produced a concealed weapon and the Petitioner was charged with carrying a concealed weapon. …show more content…
The first sentence of Chief Justice Warren's opinion in Terry v Ohio, is as follows: "This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances.” According to Chief Justice Warren this issue had never been approached in the Supreme Court. Warren also stated “This case is dealing on the one hand with is frequently argued that in dealing with the rapidly unfolding and often dangerous situations on city streets the police are in need of an escalating set of flexible responses, graduated in relation to the amount of information they possess. For this purpose it is urged that distinctions should be made between a "stop" and an "arrest" (or a "seizure" of a person), and between a "frisk" and a "search." He believed this could be imposed because it was a minor inconvenience to the person being searched and was acceptable in order for effective law enforcement and secure the safety of the