Supreme Court Case: The Terry V. Ohio Case

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The Terry v. Ohio case set a precedent for a number of Supreme Court cases that took place in the following years. The “terry frisk” caused a multitude of problems for future people dealing with law enforcement. Every day citizens have to become more cautious when being around a cop because as long as they give the officer a reason to think they will cause harm, the officer has every right to pat down the suspect. The most common cause of the cases is people not cooperating with the police officers and the ones whom feel like their rights are being violated. The most recent case involving the “Terry frisk” was Arizona v Johnson in 2009 (Reutors, 2011). In this case it basically dealt the same concepts as Terry v. Ohio, however, this case included gang member whom were in a car driving around being suspicious. …show more content…
Many courts have held that weapons are tools of the drug trade; therefore, if an officer has reasonable suspicion that a suspect is dealing drugs, the officer still can reasonably depict that the suspect may be armed and dangerous (Batterlon, 2008). As long as the officer has a reasonable suspicion they are allowed to conduct a pat down search of the suspect. This reasonable belief can come from a variety of factors. For example, the type of crime that an officer is investigating may be seriously dangerous, such as the possible armed robbery in Terry. Therefore, if an officer had reasonable suspicion that a specific suspect is involved in a crime that involved a weapon (armed robbery, murder, assault with a deadly weapon), the officer would be entitled to frisk that suspect. It really does not matter how big the reason the officer stopped a person because they have permission to search anyone in the

4th Amendment Research Paper

criminal case. Police officers should know case law associated with search and seizure so that they can conduct their investigations professionally in order to increase their chances of a conviction. Search and seizure is a very broad subject when it comes to law enforcement; it is also an important topic that the U.S. Supreme Court has ruled on in several incidents. An important case to elaborate on is the Mapp v. Ohio case; this was a landmark case in criminal procedure. The U.S. Supreme court decided…

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Timothy Dickerson Case Study

be seized.” The court appeared to adopt a categorical rule barring the seizure of any contraband detected by an officer through the sense of touch during a pat down search. The court further noted that, even if it recognized such a "plain-feel" exception, the search in this case would not qualify because it went far beyond what is permissible under Terry. The U.S. Supreme Court unanimously agreed that the cocaine in this case was inadmissible as evidence even though the Court held that officers…

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The Fourth Amendment: The Terry Vs. Ohio Case

challenged by the FBI when they barge into people's property or in some court cases such as Terry Vs. Ohio. The Terry Vs. Ohio case of 1968, this case was about a police officer who searched people who were pacing in front of a jewelry store, the officer found a illegal concealed weapon. The men who were searched appealed to the court that the officer violated the 4th amendment and searched them without a warrant. The case was…

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Case Study: Happy Howard V. US

Baptiste v. State, 995 So. 2d 285 (Fla. 2008), a case very similar to our client’s case, the court held that an anonymous call could not provide reasonable suspicion for a stop-and-frisk if the police officer had no other evidence of illegal activity. The Baptiste court cited the landmark case Terry v. Ohio, 392 U.S. 1 (1968), where the Supreme Court ultimately held that an officer must have reasonable suspicion to perform a legal investigatory stop, called a Terry stop. Another case cited by the…

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Argumentative Essay: Warren Court And The 4th Amendment

Gian Gualco-Nelson Warren Court and the 4th Amendment “[T]he 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, and particularly describing the place to be searched, and the persons or things to be seized.” Justices on the Supreme Court of the United States are employed to analyze and answer controversial questions…

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Broken Windows Theory

on are (1) the Terry v. Ohio case, which elaborates on the stop and frisk policy and (2) Broken windows theory. Both topics are discussed in Chapters 1, 4, and 6 of Burns. Terry v. Ohio: Stop and Frisk Policy Website Source In Chapter 1: The Police: An Introduction, court case Terry v. Ohio is briefly discussed. This case caused the Supreme Court to reexamine the Fourth Amendment’s protection of unlawful search and seizures. In 1968 the federal class-action lawsuit, Terry v. Ohio established the…

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Arrest Vs Terry Stop

1) Explain the differences between an arrest and a Terry stop. • A Terry stop is for a fairly short duration and that the detention will be no longer than necessary to effectuate the purpose of the detention. During a Terry stop the officer may only pat-down the individual for presence of weapons and only if the office has reasonable suspicion that the individual may be a danger to the officer or others. For a formal arrest there must be probable cause to believe that the person to be arrested has…

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Terry V. Cortez Argumentative Essay

ruling in Terry v. Ohio, police officers are authorized to conduct “a brief investigatory stop of an individual when there is reasonable and articulable suspicion that criminal activity is afoot.” A justifiable reasonable suspicion should take into consideration the complete scene and circumstances, just like it was ruled in United States v. Cortez in 1981. The Court held that the totality of the circumstances should be taken into consideration before conducting an investigatory stop. In this case, unprovoked…

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Constitution Law, Reasonable Suspicion V Probable Cause Essay

what part of the Fourth Amendment it is referring to. Several paramount cases have defined “reasonableness” quite differently. Such as; “What is reasonable depends upon a variety of considerations and circumstances. It is an elastic term which is of uncertain value in a definition.” (Sussex Land & Live Stock Co. v. Midwest Refining Co., 1923), and “Not extreme. Not arbitrary, capricious or confiscatory” (Public Service Comm’n v. Havemeyer, 1936), and “That which is fair, proper, just, moderate, suitable…

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Essay Privacy

“The Patriot Act allows the government, with permission from a special court, to obtain roving wiretaps over multiple communication devices, seize suspects’ records without their knowledge, and conduct surveillance of a so-called “lone wolf,” or someone deemed suspicious but without any known ties to an organized terrorist…

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