The Case
In what year and in what city did the events of Terry v. Ohio take place?
Cleveland, Ohio, 1963
What does the 4th Amendment prohibit?
Unreasonable search and seizures
What must a stop and frisk search be limited to?
A search for weapons
WITHOUT LOOKING AT YOUR NOTES: Who wrote the dissenting opinion?
Justice Douglas
A police officer can watch whomever they want for as long as they want. What is the only caveat?
The person must be in a public area or an area otherwise accessible to the police.
Why did Officer McFadden stop Terry and Chilton on the street?
Several times, the men walked up to the store window, peered inside, and then walked away. The officer found this behavior suspicious and suspected the men of planning a robbery of the store.
True or False: A pat-down of someone’s outer clothes constitutes a 4th Am. search.
True
The police may briefly detail a person if there is ______________ ________________ that a crime has been committed, is being committed, or is about to be committed
Reasonable Suspicion
In order for a stop and frisk to be constitutional, an officer must have _____ _____.
Probable Cause
A person can generally ignore police question and walk away. What is the only caveat?
The person can walk away unless the officer has a justification to stop or arrest them.
True or False: The 4th Amendment was violated because the officer did not have probable cause
False
True or False: When a police officer stops someone on the street, that person is “seized."
True
This rule says that if a stop and search is unreasonable, the evidence obtained cannot be used at trial.
Exclusionary Rule
True or False: Officer McFadden had probable cause to conduct the stop and frisk.
False
Why did Dean Miller say that reasonable suspicion is a lawyer's dream?
It is highly contextual and flexible
True or False: The officer needed probable cause to conduct a search for weapons on Terry.
False.
In a stop and frisk, what can a police officer do for their own protection?
Perform a quick surface weapon search on the outside of clothing
Reasonable suspicion must be based on _____________ ______, that can be clearly explained, not just a hunch
Articuable Facts
In order for a stop and frisk based on reasonable suspicion to be constitutional, what needs to happen?
There needs to be an amendment to the Constitution.
Can a shoe be a deadly weapon?
Yes
What was Terry charged with?
Carrying a concealed weapon
To determine whether a search or seizure is reasonable, we must balance two interests. What are they?
The government’s interests in effective law enforcement (and officer safety) and a citizen's 4th Am. right to privacy
After Terry, can an officer now make an arrest without probable cause?
No, the officer's action must be proportionate to legitimate governmental purpose - more intrusive government action requires more justification.
The Justice who wrote the dissenting opinion says that the majority approach takes "a long stop down the ________ ____."
Totalitarian Path
Dean Miller said that the Terry doctrine is a doctrine built on trust. Who does he say the trust falls on? Looking for 2 different answers.
1. Police Officers
2. Judges who review what police do