Terry v. Ohio

Facts

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.