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Criminal Procedure Keyed to Ohlin
Terry v. Ohio
Citation:392 U.S. 1 (1968)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Petitioner Terry was convicted of carrying a concealed weapon and sentenced to the statutorily prescribed term of one to three years in the penitentiary. Officer McFadden testified that while he was patrolling in plain clothes in downtown Cleveland, his attention was attracted by town men, Chilton and Terry. He had become thoroughly suspicious. He testified that after observing their elaborately casual and oft-repeated reconnaissance of the store window, the suspected the two men of casing a job, a stick-up, and that he considered it his duty as a police to investigate further. He added that he feared they may have a gun. The officer approached the men, identified himself as a police officer. When the men mumbled something in response to the officer’s inquires, Officer McFadden grabbed petitioner Terry, spun him around so that they were facing the other two and patted down the outside of Terry’s clothing. In the left breast pocket of Terry’s overcoat Officer McFadden felt a pistol. He reached inside the overcoat but was unable to remove the gun. At this point, he ordered all three men to enter Zucker’s store, where he removed Terry’s overcoat completely, removed a .38 caliber revolver from the pocket.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.