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Criminal Procedure Keyed to Dressler
Terry v. Ohio
Citation:
392 U.S. 1, 88 S.Ct 1868, 20 L.Ed.2d 889.Facts
An officer was patrolling in plain clothes in downtown Cleveland at approximately 2:30pm on October 31, 1963. He saw the defendant and another man standing on a street corner and testified that “they didn’t look right to [him] at the time.” He started to watch them, and the officer saw one of the men leave the other one and walk past some stores then turn back around. This happened five or six times by each man. A third man approached them and engaged briefly in conversation, then walked away. After ten more minutes of the defendant and second man pacing, peering, and conferring, they walked off together, following the path taken by the third man.
By this time, the officer had become thoroughly suspicious that they were planning to rob a store and feared that they may have a gun. He followed them, identified himself as a police officer, and asked for their names. When the men mumbled something in return, the officer grabbed the defendant, spun him around, and patted down the outside of his clothing. In the left breast pocket of the defendant’s overcoat, the officer felt a pistol. He seized it and and the defendant was convicted of carrying a concealed weapon.
The defendant appealed, arguing that his Fourth Amendment rights were violated by the unreasonable search and seizure. He argued further that it is unreasonable for police to stop and frisk a suspect until the situation evolves to a point where there is probable cause to make an arrest.
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Topic Resources
Topic Outline
Fourth AmendmentTopic Refresher Course
4th Amendment IntroTopic Charts & Notes
Search Warrant Exceptions