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Terry v Ohio | US Constitutional Law | Legal Education

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This 1968 case held that a police officer may, consistent with the Fourth Amendment protection against "unreasonable searches and seizures", conduct a brief, investigatory stop of a citizen when the officer has "reasonable suspicion" that criminal activity is afoot - i.e. the "Terry Stop."
What is "reasonable suspicion?" While "reasonable suspicion" is a less demanding standard than "probable cause" and requires a showing considerably less than "preponderance of the evidence," the Fourth Amendment requires at least a minimal level of objective justification for making the stop. See United States v. Sokolow, 490 U. S. 1, 7 (1989).
The "Terry Stop" or "Investigatory Stop" are just different names for a 4th Amendment search and seizure. The issue in Terry was whether the warrantless search and seizure was "reasonable." These cases are extremely fact specific.
Brief investigatory stops are routinely used by the police. Supporters say they've significantly helped decrease criminal activity. Critics say they're prone to abuse and discriminatory practices.
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Excerpt:
"Our evaluation of the proper balance that has to be struck in this type of case leads us to conclude that there must be a narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger. And in determining whether the officer acted reasonably in such circumstances, due weight must be given, not to his inchoate and unparticularized suspicion or "hunch," but to the specific reasonable inferences which he is entitled to draw from the facts in light of his experience."
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What is "reasonable suspicion?" While "reasonable suspicion" is a less demanding standard than "probable cause" and requires a showing considerably less than "preponderance of the evidence," the Fourth Amendment requires at least a minimal level of objective justification for making the stop. See United States v. Sokolow, 490 U. S. 1, 7 (1989).
The "Terry Stop" or "Investigatory Stop" are just different names for a 4th Amendment search and seizure. The issue in Terry was whether the warrantless search and seizure was "reasonable." These cases are extremely fact specific.
Brief investigatory stops are routinely used by the police. Supporters say they've significantly helped decrease criminal activity. Critics say they're prone to abuse and discriminatory practices.
----------
Excerpt:
"Our evaluation of the proper balance that has to be struck in this type of case leads us to conclude that there must be a narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger. And in determining whether the officer acted reasonably in such circumstances, due weight must be given, not to his inchoate and unparticularized suspicion or "hunch," but to the specific reasonable inferences which he is entitled to draw from the facts in light of his experience."
----------
Helpful Links US Constitutional Law
US Supreme Court
Supreme Court Blog
Google Scholar (Caselaw Research)
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