"Terry V Ohio" Essays and Research Papers

  • Terry V Ohio

    Terry v. Ohio, 392 U.S. 1 (1968) Facts of the Case An police officer by the name of Mcfadden observed two men standing at a street corner. He noticed that the two men would take turns on looking inside of the window store. This happenedd about twenty four times and each time they did it the two men would have a conversation. After a while a third guy had joined the duo and then left. After the detective witnessed that action he had suspected that they were casing the store to burglarize the...

    Fourth Amendment to the United States Constitution, Frisking, Probable cause 1038  Words | 3  Pages

  • Terry v ohio

    A "Terry Stop" is a stop of a person by law enforcement officers based upon "reasonable suspicion" that a person may have been engaged in criminal activity, whereas an arrest requires "probable cause" that a suspect committed a criminal offense. The name comes from the standards established in a 1968 case, Terry v. Ohio, 392 U.S.1. The issue in the case was whether police should be able to detain a person and subject him to a limited search for weapons without probable cause for arrest. The court...

    Earl Warren, Fourth Amendment to the United States Constitution, Frisking 2387  Words | 4  Pages

  • Terry V. Ohio

    Terry v. Ohio Case Project | | | | | Victoria Swannegan | 12/2/2010 | | In 1968 a case called Terry v. Ohio took place. This case made a big impact on the police departments of the United States by giving officers more reasons to make an arrest. A "Terry Stop" is a stop of a person by law enforcement officers based upon reasonable suspicion that a person may have been engaged in criminal activity, whereas an arrest requires probable cause that a suspect committed a criminal...

    Crime, Criminal law, Fourth Amendment to the United States Constitution 793  Words | 3  Pages

  • terry v ohio

    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...

    Exclusionary rule, Fourth Amendment to the United States Constitution, Police 2459  Words | 9  Pages

  • Terry v. Ohio

    On October 31, 1963, Detective Martin McFadden was in plain clothes, patrolling his downtown beat in Cleveland, Ohio, an area that he had been patrolling for shoplifters and pick-pocketing the last 30 years. At 2:30 PM, he noticed two unknown individuals, John Terry and Richard Chilton acting suspiciously, standing on a street corner. One of the men walked away and stopped to look in a nearby store window, continued walking, and on the way back stopped to look in the same store window before rejoining...

    Fourth Amendment to the United States Constitution, Frisking, Probable cause 755  Words | 3  Pages

  • Case Brief of Terry v

    Running head: Terry v. Ohio, 392 U.S. 1 Case Brief of Terry v. Ohio 392 U.S. 1 October 4, 2014 Facts At approximately 2:30 in the afternoon, while patrolling a downtown beat in plain clothes, Detective McFadden observed two men (later identified as Terry and Chilton) standing on a street corner. The two men walked back and forth an identical route a total of 24 times, pausing to stare inside a store window. After the completion of walking the route, the two men would...

    Fourth Amendment to the United States Constitution, Frisking, Probable cause 900  Words | 5  Pages

  • Terry vs Ohio

    Terry vs. Ohio Introduction to Criminal Justice By Leann Rathbone 9/12/06 Terry vs. Ohio is a landmark case that was brought to the Supreme Court. It started on October 31st, 1963, in Cleveland, Ohio, when a police officer named Martin McFadden observed two men standing outside a store front window. He watched one of the men walk down the street pausing to look into the store window when he reached the end of the street the man turned around and proceeded to walk back, pausing at the same...

    Chief Justice of the United States, Crime, Fourth Amendment to the United States Constitution 986  Words | 3  Pages

  • Terry v. Ohio

    CRJ 201 Research Paper In the 1968 Terry v. Ohio case, the Fourth Amendment has been a contradictor issue within this case. In this case, the readers know that Chilton, Terry and Katz were stopped and frisked at the scene, but which Katz was found with no weapon. What the reader does know about the case is that there was a stop, search, a gun found and carrying a concealed weapon. The police officer that was suspicious was in plain clothes when he arrested them, but had a high reputation for...

    Fourth Amendment to the United States Constitution, Frisking, Mapp v. Ohio 1096  Words | 3  Pages

  • Constitutionality of Stop and Frisk

    raised in the famous Terry v. Ohio, 392 U.S. 1 (1968) case. Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which ruled that the Fourth Amendment prohibition on unreasonable searches and seizures on unreasonable searches and seizures was not violated when a police officer stopped a suspect on the street and search him without probable cause. On October 31, 1963, a Cleveland police detective named Martin McFadden saw two men, John W. Terry and Richard Chilton...

    Fourth Amendment to the United States Constitution, Police, Probable cause 1175  Words | 4  Pages

  • Wk 8 Leg 420

    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...

    Exclusionary rule, Fourth Amendment to the United States Constitution, Frisking 961  Words | 6  Pages

  • Constitutional Law

    constitutionality and definition of “search” has had its own role in Supreme Court cases. Originally the definition of “search” was interpreted as” to require a physical intrusion into a constitutionally protected location”. In a very early case, Olmstead v. United States, 277 U.S. 438 (1928), in this case Mr. Olmstead had been convicted of “violating the National Prohibition Act” (Kanovitz, J. 2010) because of evidence that was gathered by the police by placing a listening device onto Mr. Olmsted’s phone...

    First Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Katz v. United States 850  Words | 3  Pages

  • Landmark Racial Profiling Cases

    out a person or group of people as “potential suspects” because of their race or ethnicity (p.98). Terry v. Ohio On October 31, 1963, while on a downtown beat which he had patrolled many times over a period of several years, Cleveland Police Department detective Martin McFadden spotted two men, standing on a street corner at 1276 Euclid Avenue. Detective McFadden thought that the men, John W. Terry and Richard Chilton were behaving in a suspicious manner. Detective McFadden noticed that the two men...

    Constable, Crime, Fourth Amendment to the United States Constitution 2183  Words | 6  Pages

  • Search and Seizure

    is impaired in any way in order to pull them over. So yes Officer Smith did have reasonable suspicion to pull the car over in the first place. 1. Was the “pat-down” of the driver legal? “Stop and frisk” was discussed in the case of Terry v Ohio from 1968. In the case an experienced plain clothes officer observed 3 men acting suspiciously in front of a store. The officer concluded that they were casing the store, preparing to rob it so he approached them. He identified himself...

    Criminal law, Fourth Amendment to the United States Constitution, Frisking 875  Words | 5  Pages

  • Analysis and Application-Police Encounters with Suspects and Evidence

    transpired and that the vehicle or someone in the vehicle is directly connected with said criminal activity. (Roberson & Stuckey & Wallace, 2007) 2. Was the “pat-down” of the driver legal? The pat-down of the driver was legal. “In Terry v. Ohio, 392 U. S. 1, this Court held that a “stop and frisk” may be conducted without violating the Fourth Amendment’s ban on unreasonable searches and seizures if two conditions are met. First, the investigatory stop (temporary detention) must be lawful...

    Criminal law, Fourth Amendment to the United States Constitution, Frisking 921  Words | 3  Pages

  • Hypothetical Cases

    because of the use of heavy clothing on a warm night. For example, in the 1968 case of Terry vs. Ohio an agent conducted a limited pat-down search on suspects. Based on stop and frisk the detective Martin McFadden observed two men, John Terry and Richard Chilton, walking back and forward along an identical route. They were joined by a third man, Katz, who left after a brief conversation. McFadden followed terry and Chilton and saw them rejoin with Katz a couple of blocks away. The officer approached...

    Fourth Amendment to the United States Constitution, Frisking, Police 754  Words | 3  Pages

  • Reasonable Suspicion

    2012 Abstract This paper will show how current “Stop and Frisk” (Terry Stop, SQF) methods exercised presently diverge greatly from the initial precedent allowed in Terry v. Ohio (1968) due to the inability to concretely define reasonable suspicion as well as the broad applications of reasonable suspicion since 1968. The most notable current representation involves The New York Police Department (NYPD) and its policy regarding Terry Stops as a proactive crime prevention and investigative tool (Ridgeway...

    Crime, Fourth Amendment to the United States Constitution, Frisking 1029  Words | 4  Pages

  • Should Prisons Be Privatized

    applicable to the situation, applicable “whenever a police officer accosts an individual and restrains his freedom to walk away.” Since the warrant clause is necessarily and practically of no application to the type of on-the-street encounter present in Terry, the question was whether the policeman’s actions were reasonable. The test of reasonableness in this sort of situation is whether the police can point to “specific and articulable facts which, taken together with rational inferences from those facts...

    Arrest, Crime, Criminal law 1039  Words | 3  Pages

  • CJ Brief

    Jackson Smith Case Brief February 23, 2015 Arizona v. Grant 556 US 332 [2009] References ARIZONA v. GANT. The Oyez Project at IIT Chicago-Kent College of Law. 19 February 2015. <http://www.oyez.org/cases/2000-2009/2008/2008_07_542>. Farb, Robert L. "Arizona v. Gant." (n.d.): n. pag. Sog.unc. The University of North Carolina at Chapel Hill, 26 Aug. 2009. Web. 19 Feb. 2015. <http://www.sog.unc.edu/sites/www.sog.unc.edu/files/arizonagantbyfarb.pdf>. Facts In Arizona the state police arrested Rodney...

    Appellate court, Arrest, Fourth Amendment to the United States Constitution 1542  Words | 6  Pages

  • Warrantless Search & Seizure

    Arrest A police officer can search the area within immediate reach of the person inside their home but could not search the entire home without a search warrant. This is called searches pursuit to a lawful arrest. This was made famous by the Chimel v. California case in which it is known as the arm’s reach or wingspread case. In 1965, three police officers in Santa Ana, California, armed with an arrest warrant, went to Ted Chimel’s home to arrest him for burglarizing a coin shop. Mrs. Chimel invited...

    Arrest, Fourth Amendment to the United States Constitution, Frisking 1953  Words | 6  Pages

  • Warrantless Search And Seizure LWalker

    to kidnap a child from her residence. The warrantless search to the arrest was valid. Rule of Law- Cases for the basis of Analysis: In New York v. Belton 453U.S. 454 (1981), the Supreme Court held that a lawful custodial arrest based on probable cause justifies a search without a warrant of the person arrested and the passenger compartment. In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court held that police may search the passenger compartment of a vehicle incident to a recent occupant’s...

    Coupé, Fourth Amendment to the United States Constitution, Frisking 1213  Words | 5  Pages

  • Stop and Frisk

    based on careless movements and the lack of proper self composure, seems to be justice to me. . (Gaines, 2012)"The precedent for the ever-elusive definition of a "reasonable" suspicion in stop-and-frisk situations was established in Terry v. Ohio (1968)" An Ohio detective by the name of McFadden, an older detective which held experience in the area, noticed two certain individuals acting peculiarly in the downtown beat. Actions such as passing by a store, peering into windows, and then repositioning...

    Crime, Criminal justice, Frisking 947  Words | 3  Pages

  • Final Exam Essay Cj 14-02 Constitutional Law

    seizure. The way law enforcement can obtain a warrant is if they have probable cause. Terry stops are excluded. Terry stops usually are allowed by the suspect to search. Once a stop has been made on a reasonable suspicion of criminal activity, if law enforcement feels that their life is in danger a frisk may be made on reasonable suspicion that the suspect could possibly be armed and dangerous. In Terry v. Ohio the Supreme Court evened the government note in crime prevention and concentrated on the...

    Amendments to the United States Constitution, Fourth Amendment to the United States Constitution, Frisking 1118  Words | 4  Pages

  • Illinois V, Roy Caballes

    Supreme Court Issue Illinois v. Roy Caballes When Roy Caballes was pulled over for speeding, the police officers were fully with the law and their jurisdiction, however, when they delayed the stop and preformed a sniff search they violated his Fourth Amendment rights. In 1998, while Roy Caballes was moving to Chicago, he was pulled over for going six miles an hour over the speed limit. It was November 12; he was driving a 1998 Grand Marquis along Interstate 80 in La Salle County. Being...

    First Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Jury 1223  Words | 3  Pages

  • Police Encounter

    Kaplan University CJ227: Criminal Procedure Unit 2 Assignment July 15, 2013 Officer Smith, in my opinion, had reasonable suspicion to conduct a traffic stop on the female driver the night in question. According to (Lasker, 2012), “In People v. Hackett, 2012 IL 111781, a unanimous supreme court overturned the appellate and trial court decisions and remanded the case for a trial based on evidence stemming from what the court held to be a justified "investigatory stop" of defendant's vehicle...

    Fourth Amendment to the United States Constitution, Jury, Probable cause 940  Words | 3  Pages

  • The Right of People - the Fourth Amendment

    show of authority, restrain the movement of the person, even though there is no arrest, the Fourth Amendment comes in play. The Supreme Court upheld in Terry v. Ohio (1968), a stop and frisk exception to searches of individuals when officers have reason to believe they are armed and dangerous or have committed a criminal offense. The Terry search is limited to a quick pat down to check for weapons that might be use to assault the arresting officer, to check for contraband, to determine identity...

    Border search exception, Crime, Fourth Amendment to the United States Constitution 1043  Words | 3  Pages

  • Probable Cause

    was a legal search. The Supreme Court found in an eight to one decision for Ohio in Terry v. Ohio that for their own protection, police may perform a quick surface search of an individual if the police have a reasonable suspicion that the individual may be armed. The suspicion, however, must be based on “specific and articulable” facts and not just on an officer’s hunch (Criminal Procedure: Search and Seizure, n.d.). Terry was later extended to include not only pedestrian but also motor vehicle stops...

    Crime, Criminal law, Fourth Amendment to the United States Constitution 1707  Words | 5  Pages

  • Criminal Procedure Cj 227-01

    Smith has now conducted what’s known as a “Terry Stop”. What is the difference between a Terry Stop and the Stop and Frisk you ask? There isn’t any significant difference. Prior to “Terry Vs. Ohio” (1968), a stop and frisk protected against illegitimate search and seizure. Where as after, it is come to be known as; constitutional according to circumstances where a reasonably suspicious officer has a valid concern for societies or his/her safety. After the Terry Stop, Officer Smith directed the driver...

    Cornell Law School, Cornell University, Fourth Amendment to the United States Constitution 1756  Words | 5  Pages

  • Police Encounters with Suspects and Evidence

    person. As stated in the case of Terry v. Ohio, Where a reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous [392 U.S. 1, 3] regardless of whether he has probable cause to arrest that individual for crime or the absolute certainty that the individual is armed.” (Terry v. Ohio, 1968) This “pat-down” was legal...

    Automobile, English-language films, Fourth Amendment to the United States Constitution 1352  Words | 4  Pages

  • Police Requirements for Certain Tasks

    buildings, homes, and vehicles. Marijuana is usually cultivated with high-intensity lamps; police can conduct an infrared scan that creates a thermal image of the outside of the home that can measure heat emanating from the interior. In the case of Kyllo v. United States, 533 U.S. 27 (2001), this modern technology was used. The information gathered from the infrared scan was used and can be used with other evidence to produce probable cause for a search warrant. In the case of Kyllo, the evidence obtained...

    Automobile, Fourth Amendment to the United States Constitution, Police 1245  Words | 4  Pages

  • Stop and Frisk Election

    stops between 2009 and 2012, and found 51 per cent of the arrests led to convictions or guilty pleas. The Stop and Frisk law allows police officers to conduct searches of persons based on reasonable reportable suspicion, as determined by Terry v. Ohio in 1968 where supreme court decisions determined that individuals can be searched not only for probable cause (where an individual is under suspicion of committing a specific crime) but also for reasonable suspicion (where an individual is thought...

    Constable, Crime, Michael Bloomberg 1169  Words | 3  Pages

  • stop and frisk

    street clean has turned into violating innocence people. The first big case that caused the supreme court to allow officers to authorize a search and seizure that not even a magistrate would not possess due to a case Terry v Ohio in December 12,1967 “The Petitioner, John W. Terry (the “Petitioner”), 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...

    Civil liberties, Constable, New York City 1498  Words | 8  Pages

  • Stop & Frisk Policy? Racist or not?

    The famous and controversial police practice known as the stop and frisk started on the last sixties. It was known national wide when the case Terry v. Ohio was presented this case was argued on December 12, 1967 it all started when Cleveland detective McFadden was on patrol on a foot post where he noticed the petitioner John W. Terry and another men known as Chilton were acting suspiciously on a street corner the detective noticed both men looking into a store multiple times with an interest to...

    Constable, Crime, Fourth Amendment to the United States Constitution 2310  Words | 6  Pages

  • Criminal Justice amendments

    describing the place to be searched, and the persons or things to be seized.” The most important part of this amendment from a police officer’s stand point is the few exceptions to warrant requirements. One of these exceptions the police have is called a “Terry Stop,” or stop and frisk. This is when the officer performs a pat down on a person of questionable criminal activity to see if they are carrying anything on their person that may jeopardize the safety of the officers. This would include guns, knives...

    Crime, Fourth Amendment to the United States Constitution, Law 1459  Words | 4  Pages

  • Stop and Frisk

    individual detains the person and runs his hands lightly over the suspect's outer garments to determine if the person is carrying a concealed weapon.” When and where did this derive from? Well In 1968 the Supreme Court addressed the issue in terry v. Ohio, 392. In Terry an experienced plainclothes officer observed three men acting suspiciously; they were walking back and forth on a street and peering into a particular store window. The officer concluded that the men were preparing to rob a nearby store...

    Fourth Amendment to the United States Constitution, Frisking, Police 1557  Words | 4  Pages

  • Case Study

    vehicle. The Court held that when officers make a traffic stop, they may routinely order the driver out of the car without giving any reason.” (Roberson, Wallace & Stuckey pg 83) Also, in my opinion this officer was now in the process of performing a terry-type-stop which is “A detention that will ordinarily be for a fairly short duration and that will be no longer than necessary to effectuate the purpose of the detention.” (Roberson, Wallace & Stuckey pg 405). For those reasons, I feel strongly that...

    2006 singles, Criminal law, English-language films 937  Words | 3  Pages

  • Probable Cause Article

    conducted based on either voluntary consent from the operator or by probable cause developed through plain sight items in the vehicle or a conversation the officer has with the operator. Another exception is known as a stop and frisk, commonly called a Terry stop, where an officer stops an individual and may conduct a quick search to ensure the person has no weapons. These searches cannot be conducted just because an officer wants to check the individual; even a simple pat down search needs to be backed...

    Fourth Amendment to the United States Constitution, Frisking, Law 1090  Words | 5  Pages

  • Terry vs. Ohio Case

    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...

    Detective, Fourth Amendment to the United States Constitution, Frisking 570  Words | 2  Pages

  • Terry vs. Ohio

    ISSUE: The issue in Terry v. Ohio was whether a search for weapons without probable cause for arrest is an unreasonable search under the fourth amendment. In other words, is it always unreasonable for a police officer to seize a person and subject him to a limited search unless there is probable cause for an arrest? RULE: Police conduct under certain circumstances was not favorable to the warrant requirement because the immediate actions of the officer was predicated upon on-the-spot observations...

    Constable, Fourth Amendment to the United States Constitution, Frisking 531  Words | 2  Pages

  • Arizona V Johnson

    Arizona v Johnson (2009) 129 S.Ct. 781 Date of Judgment: January 26, 2009 INTRODUCTION In 2002, Lemon Montrea Johnson was the passenger in the backseat of a car stopped for a traffic violation. Johnson was charged with; inter alia, possession of drugs and possession of a weapon by a felon. These items were discovered during a protective pat-down search of Johnson. Johnson was convicted by the trial court. Johnson argued that his conviction should be overturned because the trial court was...

    Fourth Amendment to the United States Constitution, Frisking, Probable cause 7761  Words | 22  Pages

  • Hiibel V. Sixth Judicial Court of Nevada

    the Nevada Supreme Court’s judgment. Justice Kennedy delivered the majority opinion of the Court. In his opinion, he referenced several past cases which have also dealt with the scope and operation of various stop and identify statutes. In Brown v. Texas (1979), the Court had rejected a conviction for violating a Texas stop and identify statute, based on Fourth Amendment grounds. The Court ruled that the initial stop was not based on specific, objective facts establishing reasonable suspicion...

    Exclusionary rule, Fourteenth Amendment to the United States Constitution, Fourth Amendment to the United States Constitution 628  Words | 2  Pages

  • CJ 101 4th Amendment

    To understand the impact of Terry v. Ohio, I feel it is important to first review the Fourth Amendment. The Fourth Amendment was established so citizens would not have to suffer unreasonable search and seizures like they did under British Rule. The Amendment states the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation...

    Affirmation in law, Crime, Fourth Amendment to the United States Constitution 476  Words | 2  Pages

  • i dont know

    search and seizures. In 1791, the people ratified the fourth amendment. In 1961, there was a landmark Supreme Court case, Mapp v. Ohio. The police had forced themselves into Mapps home looking for a suspected bomber. There was no bomber found, but they had however, discovered a chest full of obscene pictures. They arrested her on possession of the pictures and the Ohio court prosecuted her. She disagreed to the sentence and argued that her fourth amendment rights were violated. This case went all...

    Fourth Amendment to the United States Constitution, Law, Mapp v. Ohio 865  Words | 3  Pages

  • The concept of stop and frisk

    issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched , and the persons or things to be seized (U.S. Constitution). This amendment was first used in the court system in the case of Terry vs. Ohio (1968). This case was the case that shaped the stop-and-frisk laws that are found in our country today. In 1942 legislators started to authorize stops-and-frisks on less than probable cause under the Uniform Arrest Act. This act gave an officer...

    Fourth Amendment to the United States Constitution, Frisking, Reasonable suspicion 372  Words | 2  Pages

  • Law Enforcement and Police Activities

    case of Terry vs Ohio. Terry vs Ohio was a case against in 1963 in which a Cleveland, Ohio Police Detective Martin McFadden noticed three suspicious individuals pacing back and fourth by a jewelry store. Thinking that the men were possibly planning an armed robbery, McFadden stopped and questioned the men. After a quick search he found a pistol in John Terry’s overcoat and a revolver in Richard Chilton’s pocket, the third man with the last name Katz was unarmed. McFadden arrested both Terry and Chilton...

    Arrest, Crime, Criminal law 405  Words | 3  Pages

  • 4rth Amendment

    Opinion of Guan Yin SUPREME COURT OF THE UNITED STATES No. 11-817 STATE OF FLORIDA, Petitioner, v. CLAYTON HARRIS, Respondent. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police...

    Fourth Amendment to the United States Constitution, Probable cause, Search and seizure 6813  Words | 18  Pages

  • Stop and Frisk

    illustrated when comparing population growth numbers by the increase in people actually stopped and those arrested. Current law allows police officers to conduct stop and frisk searches of persons based on reasonable suspicion, as determined by Terry v. Ohio where supreme court decisions determined that individuals can be searched not only for probable cause (where an individual is under suspicion of committing a specific crime) but also for reasonable suspicion (where an individual is thought to be...

    Arrest, Crime, Criminal law 514  Words | 2  Pages

  • There Are Six Major Exceptions to the Warrant Requirement.

    search incident to lawful arrest does not require issuance of a warrant. In other words, if someone is lawfully arrested, the police may search her person and any area surrounding the person that is within reach (within his or her “wingspan”). See Chimel v. California, 395 U.S. 752 (1969) EXAMPLE: John is arrested for driving while intoxicated after being pulled over for running a red light. A search of his car reveals 8 bags of heroin in the glove compartment and an illegal handgun in the trunk. The...

    Arizona v. Hicks, Arrest, Fourth Amendment to the United States Constitution 643  Words | 2  Pages

  • Cj:227 Unit 2

    suspicion because the officer said it appeared to have a broken taillight, you need to be sure before you can pull someone over. Was the “pat-down” of the driver legal? The officer had the right to exercise the Terry Stop awarded to the officer through the Supreme Court’s ruling on the Terry v. Ohio case of 1968. So yes the pat down of the driver was legal because the officer asked for permission. Officer Smith was well within his rights to ask the driver to exit the vehicle so he could pat her down for...

    Crime, Criminal justice, Criminal law 700  Words | 2  Pages

  • Stop and Frisk

    Stop and Frisk Terry v OH (1968) is the primary case that defines this area of law. From this case we get the influence of the principle of “reasonable suspicion” in authorizing a “Terry Search”. (p. 253) There is precedence for Stop and Frisk before Terry, but it is not in the form of case law. For example the Uniform Arrest Act (1942) delineates similar circumstances. The facts of the Terry case are found on pp. 253-254. The holding and rationale follow on p. 254. The essence of the case...

    1902, 1904, 1911 431  Words | 2  Pages

  • Acj Outline

    owner of the home (how long o they stay there, do they have a key to the property, etc) Also, greater expectation of privacy in certain parts of the home like the bathroom versus the kitchen so look to where the contraband was found. PROPERTY US v. OLIVER: There are three types of land: house, curtilage, open fields (no reasonable expectation for open fields) CURTILAGE: yard and fringe of the house and is land not connected to an intimate function of the housedriveway and sidewalk are open...

    Fourth Amendment to the United States Constitution, Frisking, Miranda warning 9053  Words | 28  Pages

  • Criminal Procedure Outline

    Contempt a. Civil-jail is not mandatory: only persuasive tool to enforce order of the court b. Criminal-mandatory payment or jail-time i. COMPARE Clinton Hypo: mandatory payment of fine for contempt was deemed civil c. Incorporation Doctrine i. Duncan v. Louisiana: Whether the right to a jury trial under the 6th Amendment is incorporated through the 14th Amendment to apply to the states 1. Majority view: (J. White)—Selective Incorporation—The rights in the Bill of Rights that are important to the American...

    Criminal law, Fourth Amendment to the United States Constitution, Frisking 9604  Words | 23  Pages

  • Mapp V. Ohio

    Mapp v. Ohio (1961) Criminal Procedure and the Constitution September 13, 2012   Mapp v. Ohio (1961) Facts: In Mapp v. Ohio (1961), the police thought Dollree Mapp was hiding a suspect they were looking for in connection with building a bomb. The police officers lied and said they had a search warrant of which they did not and forced their way into Mapp’s home and searched it. While searching the home, the police found evidence, not for a bomb, but of pornographic material that violated...

    Exclusionary rule, Fourth Amendment to the United States Constitution, Mapp v. Ohio 853  Words | 3  Pages

  • Stop and Frisk

    discriminate directly or indirectly at a specific race. Members of minority groups are more likely to be stopped and frisked than any other race in New York City. (source?) The stop and frisk policy was implemented after the Supreme Court case of Terry vs. Ohio, which ruled that an officer can perform a search on a person without a warrant, if the officer suspects that the person may be armed or dangerous. (source?) This case paved the way to one of the most controversial police procedures in New York-stop...

    Fourth Amendment to the United States Constitution, New York City, Racism 504  Words | 2  Pages

  • Police use of Racial Profiling

    Establishing reasonable suspicion is a tough job though because it needs to be backed up in court if it makes it that far. The situations where reasonable suspicion is most applicable would be with a stop and frisk. As mentioned below the court case Terry v. Ohio established reasonable suspicion as enough to stop an individual and frisk them. Seeing as how reasonable suspicion is based on "objective facts and logical conclusions" then the law views anything that makes coming to a logical conclusion using...

    Decision making, Frisking, Law enforcement 3420  Words | 5  Pages

  • Mapp v. Ohio

    Mapp v. Ohio On May 23, 1957, police officers in a Cleveland, Ohio suburb received information that a suspect of a bombing case, as well as some illegal betting equipment, might be found in the home of Dollree Mapp. Three officers went to the home and asked for permission to enter, but Mapp refused to let them in without a search warrant. Two officers left, and one remained. Three hours later, the two returned with several other officers with a piece of paper and broke in the door. Mapp asked...

    Exclusionary rule, Fourteenth Amendment to the United States Constitution, Fourth Amendment to the United States Constitution 877  Words | 3  Pages

  • Mapp V. Ohio

    CRJU 310 Judge Oberholzer April 12, 2009 Mapp v. Ohio * Mapp v. Ohio * 367 U.S. 643 * (1961) * Character of Action Mrs. Mapp was found guilty and sentenced to prison 1-7 years. Mrs. Mapp and her attorney took the case to the Supreme Court in Ohio. * Facts: Three police officers went to Dollree Mapp’s house asking permission to enter into her house, because they believed that she was hiding a fugitive in her home. When she did not allow the police officers...

    Exclusionary rule, Fourteenth Amendment to the United States Constitution, Fourth Amendment to the United States Constitution 1128  Words | 4  Pages

  • Case Study Analysis

    have been used in a crime resulting in the death of a police officer. This gave Officer Smith reasonable suspicion to believe that a crime there may have been some criminal activity involving the vehicle, the driver or both. The 1968 case was Terry v. Ohio (392 U.S. 1) deemed that an officer may pat down a person for weapons only if the officer has the additional reasonable suspicion that the pat down is necessary for safety reasons. Since a vehicle similar to the vehicle that Officer Smith had stopped...

    Crime, Criminal law, Fourth Amendment to the United States Constitution 727  Words | 2  Pages

  • Criminal Procedure Outline

    procedure is prohibited by the Bill of Rights does not necessarily mean that the 14th amendment prohibits its use by the states. Only procedures that are “fundamental to the American scheme of justice” must be applied to the states. (White, in Duncan v. Louisiana (1968) p. 9). b. Total Incorporation: all the guarantees given in the Bill of Rights are “incorporated” into the 14th amendment, and are thus applicable to the states. Parallel interpretation of federal rules and states rules. c. Selective...

    Arrest, Fourth Amendment to the United States Constitution, Police 29184  Words | 76  Pages

  • Appellate Advocacy Brief Writing Sample

    IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT Case No. 3D10-678 THEODORE GARZA Appellant, v. THE STATE OF FLORIDA, Appellee. ON APPEAL FROM THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA INITIAL BRIEF OF APPELLEE BILL McCOLLUM Attorney General State of Florida _____________________ XXXXXXXXXXXX Assistant Attorney General Florida Bar No. 000416 Office of Attorney General Rivergate Plaza, Suite 610 444 Brickell Avenue Miami, FL 33131 Tel:...

    Appeal, Appellate court, Court 3462  Words | 11  Pages

  • Mapp V. Ohio

    Michael Torres Mrs. Barbara Abell AP English 15 January 2010 Mapp v. Ohio (1961) Protection Against Unwarranted Searches The Mapp v. Ohio case was very important in history and important for a person’s rights. This case has protected citizens from the authority abusing their powers. The police are not able to search through a person’s items just for any reason. If they are suspicious then they can get a warrant which allows them to search and seize any illegal items in a person’s possession...

    Fourteenth Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Law 1592  Words | 5  Pages

tracking img