At this point, keeping Terry between himself and the others, the officer ordered all three men to enter Zucker's store. In conclusion, the determination of whether reasonable suspicion exists to justify and stop and a frisk of a suspect is not rigid concept. See also cases cited in n. However, given the proper circumstances, such as those in this case, it seems to me the person may be briefly detained against his will while pertinent questions are directed to him. At one point, while the two were standing together on the corner, a third man approached them and engaged them briefly in conversation. Moreover, a perfectly reasonable apprehension of danger may arise long before the officer is possessed of adequate information to justify taking a person into custody for the purpose of prosecuting him for a crime. Fifty-seven law enforcement officers were killed in the line of duty in this country in 1966, bringing the total to 335 for the seven-year period beginning with 1960.
However, it flatly rejected the argument that a stop and frisk did not implicate protections against unreasonable searches and seizures. State of Ohio, 379 U. There are five key aspects that the case represents, and these are, the fact that this case can lead to questioning the violation of the fourth amendment right, questioning the evidence found in this search, how does search and seizure apply, when and what determines when an officer feels as if he might be in danger, as well as the evidence that was found in this search in. Rather, he says it is unreasonable for the policeman to take that step until such time as the situation evolves to a point where there is probable cause to make an arrest. It did apparently limit its holding to 'cases involving serious personal injury or grave irreparable property damage,' thus excluding those involving 'the enforcement of sumptuary laws, such as gambling, and laws of limited public consequence, such as narcotics violations, prostitution, larcenies of the ordinary kind, and the like. State of Ohio, 379 U.
For the Court, however, the question was not the propriety of the police actions in the abstract but the admissibility of the evidence obtained through that police action. For example, the type of crime that an officer is investigating may be inherently dangerous, such as the possible armed robbery in Terry. Brignoni-Ponce 1975 , 422 U. There are two weaknesses in this line of reasoning, however. If the officer acts with probable cause, he is protected even though it turns out that the citizen is innocent. While on patrol, you see two men standing in the front of a store peeking through the window.
Of course, the person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation. The Court of Appeals for the Eighth Judicial District, 5 Ohio App. Headen argued that the stop and frisk of his person was not based on valid reasonable, articulable suspicion and the frisk was unlawful. Suffice it to note that such a search, unlike a search without a warrant incident to a lawful arrest, is not justified by any need to prevent the disappearance or destruction of evidence of crime. When such conduct is identified, it must be condemned by the judiciary and its fruits must be excluded from evidence in criminal trials.
Moreover, hostile confrontations are not all of a piece. There have been a great number of arguments for the continuation of stop and frisk policies as well as the…. Thompson was removed from the van and frisked; he was not carrying a gun, but he was wearing body armor. State of Ohio, 379 U. We must decide whether at that point it was reasonable for Officer McFadden to have interfered with petitioner's personal security as he did.
Upon the foregoing premises, I join the opinion of the Court. The two men then returned to the ritual of walking up and down the street. The case between Terry v. Therefore, it would follow that, if an officer had reasonable suspicion that a particular suspect is involved in a crime that involved a weapon i. The remaining two murders were perpetrated by knives. At the hearing on the motion to suppress this evidence, Officer McFadden testified that, while he was patrolling in plain clothes in downtown Cleveland at approximately 2:30 in the afternoon of October 31, 1963, his attention was attracted by two men, Chilton and Terry, standing on the corner of Huron Road and Euclid Avenue. He came across two men pacing the area suspiciously and glancing into a store.
Because many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. Petitioner's reliance on cases which have worked out standards of reasonableness with regard to 'seizures' constituting arrests and searches incident thereto is thus misplaced. It seeks to isolate from constitutional scrutiny the initial stages of the contact between the policeman and the citizen. Thus, evidence may not be introduced if it was discovered by means of a seizure and search which were not reasonably related in scope to the justification for their initiation. At the time he seized petitioner and searched him for weapons, Officer McFadden had reasonable grounds to believe that petitioner was armed and dangerous, and it was necessary for the protection of himself and others to take swift measures to discover the true facts and neutralize the threat of harm if it materialized. For 'what the Constitution forbids is not all searches and seizures, but unreasonable searches and seizures.
In the left breast pocket of Terry's overcoat, Officer McFadden felt a pistol. Detective Mcfadden subsequently pat down the suspects, removing their overcoats and discovered a pistol which he seized from them. Thompson tried to flee, but the agents were able to force him to stop. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. His justifiable suspicion afforded a proper constitutional basis for accosting Terry, restraining his liberty of movement briefly, and addressing questions to him, and Officer McFadden did so. Nothing we say today is to be taken as indicating approval of police conduct outside the legitimate investigative sphere.
Supreme Court ruled that the to the U. The scope of the search must be 'strictly tied to and justified by' the circumstances which rendered its initiation permissible. Ohio Say you are a newly hired police recruit and eager to do a good job. The frisk, it held, was essential to the proper performance of the officer's investigatory duties, for without it 'the answer to the police officer may be a bullet, and a loaded pistol discovered during the frisk is admissible. If the officer acts with probable cause, he is protected even though it turns out that the citizen is innocent. However, this argument must be closely examined. On the motion to suppress the guns, the prosecution took the position that they had been seized following a search incident to a lawful arrest.
White Justices Dissenting William O. Police officer Martin McFadden observed three men engaging in suspicious behavior near the corner of Euclid Avenue and Huron Road. The state courts held, instead, that when an officer is lawfully confronting a possibly hostile person in the line of duty he has a right, springing only from the necessity of the situation and not from any broader right to disarm, to frisk for his own protection. And while a search without a warrant is, within limits, permissible if incident to a lawful arrest, if an arrest without a warrant is to support an incidental search, it must be made with probable cause. Just as a full search incident to a lawful arrest requires no additional justification, a limited frisk incident to a lawful stop must often be rapid and routine. United States, , 367-368 1964.