Terry V. Ohio Case Study

Words: 2454

Pages: 10

Open Document

The case of Terry v. Ohio has been a landmark case that had gone before the Supreme Court in 1968. The courts state that an officer must have a reasonable suspicion that a driver or an individual has committed a crime or an intentional act to do so and must be able to have articulable facts that a crime may be committed by that individual, which warrants the officer from stopping an individual to investigate further. Yet, there are time that officers who make a judgement call to pull over an individual to make an investigatory stop based only on a hunch of speculation. Failure, by an officer to use good judgement when deciding to conduct an investigatory stop, can have serious consequences and lawsuits can occur deeming these poor judgment calls, as illegal terry stops.
For a terry stop to be legal and which may result in the officer finding any evidence obtained as a result from a lawful terry stop, the officer will need to base their decision to perform one from a viewpoint that is based on objective reasoning and reasonable suspicion. Furthermore, the officer must be able to have …show more content…
The officer's reasonable suspicion must accompany the decision for the police officer to do a Terry stop, so not to violate the Fourth Amendment (Cornell University Law School, 1992). We can see this by looking to what the fourth amendment states about the issue of reasonable suspicion of a potentially criminal activity. In quoting from the case "Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 1884, 20 L.Ed.2d 889 (1968) the research on case analysis of this landmark case gives opinions of the courts that the officer should have a reasonable suspicion that they can back up with articulable facts for their Terry stop. That the legalities of the Terry stop were indeed to prevent or stop criminal activity is taking place or had recently taken place by the individual (Terry v. Ohio,

Argumentative Essay: Warren Court And The 4th Amendment

from the Terry decision. David Rudovsky identifies examples of racial profiling that forced unbearable situations on minorities. From detaining and searching individuals solely because of their race, to forcing laxatives down a pregnant black woman’s throat, the Terry decision contradicts the Warren Court’s perceived liberalism. The Warren Court believed that any violations of their Terry stop criteria could be remedied in a judicial proceeding. The court’s logic is unrealistic. The Terry decision…

Words 3492 - Pages 14

Stop And Frisk

enforcement corruption and highly unfair. in support of this, statistics have shown that in 2011, the NYPD recorded roughly 685,00 in which in which 52% of these individuals were Black and 31% were Hispanic (Stop, Question and Frisk Study) The 1968 landmark case, Terry v Ohio has addressed the issue of unreasonable search and seizure protected by the Fourth amended which led to the legal procedure of Stop and Frisk. Stop and Frisk are considerably less intrusive than full blown arrest and searches. Furthermore…

Words 723 - Pages 3

Stop And Frisk Policy

criminal procedure law of sect6ion 140, which is in tandem with the supreme court decision in Terry v Ohio’s case (Harris, 2013). Originally, the policy of stop and frisk is drawn from the English common law, which without statutory provisions gives the police the power to stop, interrogate and frisk suspects, though under reasonable circumstances. In 1963, the Supreme Court in the case of Terry versus Ohio granted limited approval to search for weapons if the police officer…

Words 1114 - Pages 5

Criminal Policy Research Paper

of the courts and the police. The abuse of power that had taken place within these agencies, in England would come to an abrupt stop with the advent of the Bill of Rights and the fourth, fifth and sixth amendments, in particular (U.S. Constitution Study Guide, 2013). The fourth amendment dealt primarily with the protection of the people to be secure with their persons, papers, houses and personal effects. This protection would include guidelines that the courts and policing officers would have to…

Words 2225 - Pages 9

Stop And Furisk Policy

Around 60 years ago in 1968, the US Supreme Court validated, in the case Terry v. Ohio, that law enforcement had the right to pat down a suspects outer clothing for illegal items as long as the officer had reasonable suspicions to do so. At the time, it was unlikely that the Supreme Court would have predicted how widespread, popular, and controversial this decision would be (Meares). The decision led to what is now known as the stop, question, and frisk policy (SQF), which is a practice employed…

Words 1358 - Pages 6

The Great Serpent Mound

The Great Serpent Mound is Nationally Recognized Historical landmark in Mississippian, Ohio, USA that expands 1,348 feet long, 20 feet wide, and 5 feet high. From ariel view, the full form and depiction of the serpent who appears to be opening around an egg can be seen. This mound is considered to be an effigy mound, which is assumed to be built by the ancient native cultures who inhabited that region at that time of construction. Since first published discovery in 1848 by Ephraim Squire and Edwin…

Words 1319 - Pages 6

nothing ishere Essay

Standard of proof: United States[edit] Burden of proof refers most generally to the obligation of a party to prove its allegations at trial. In a civil case the plaintiff sets forth its allegations in a complaint, petition or other pleading. The defendant is then required to file a responsive pleading denying some or all of the allegations and setting forth any affirmative facts in defense affirmative defenses. Each party has the burden of proof of their allegations. Legal standards[edit] Reasonable…

Words 3228 - Pages 13

Essay on Bus Law Notes

Law Evolves Due to Changes Changes in values, morals, whats excepted … etc Changes in technology Issues come up sometimes and society looks at the law like “what should we do?” Examples: Plessy v Ferguson (1897) Black person riding a train 2 train cars for white and blacks Is this constitutionally right? Does this violate constitution? Basis to why unconstitutional Equal protection challenge 14th… The Louisiana state statute is unconstitutional because it denies equal protection Civil war amendments…

Words 3395 - Pages 14

Essay On Recidivism

relation to recidivism1 Important note: The selection of studies included here is by no means comprehensive. This document merely aims to give a brief overview of the types of evidence available in relation to recidivism. It should be noted that the majority of studies included here are from North America, Australia, New Zealand and Europe (Netherlands and UK), with a few from Thailand, Hong Kong, Singapore and China. The studies are arranged into four categories, starting with those which show…

Words 8788 - Pages 36

Compare and Contrast Leadership Theories Essay

for the notion that leadership is rooted in characteristics of the leader. For decades, this trait-based perspective dominated empirical and theoretical work in leadership.[3] Using early research techniques, researchers conducted over a hundred studies proposing a number of characteristics that distinguished leaders from nonleaders: intelligence, dominance, adaptability, persistence, integrity, socioeconomic status, and self-confidence just to name a…

Words 9971 - Pages 40