Terry v. Ohio Case Brief Summary | Law Case Explained

Terry v. Ohio | 392 U.S. 1 (1968)

Imagine a police officer reasonably suspects that a person is about to commit a crime and is armed with a weapon. But it’s mostly a hunch, and the officer lacks probable cause to arrest or search the person for evidence. Does the Fourth Amendment nevertheless permit the officer to stop and frisk the person? The United States Supreme Court addressed this question in Terry versus Ohio.

One afternoon in 1963 in Cleveland, Officer Martin McFadden, who had patrolled the same beat for thirty years, observed John Terry and Richard Chilton repeatedly peer into a store window and walk away, only to return shortly thereafter and peer into it again. The two men did so around six times each. Eventually, the men walked away from the store.

McFadden, who’d never before seen the men, believed that they were casing the store for a robbery. He approached them and inquired about their actions. The men mumbled something unintelligible in response. Officer McFadden then grabbed Terry, spun him around, and patted down his outer clothing. During the pat-down, McFadden felt what was clearly a pistol inside Terry’s coat pocket. McFadden removed the pistol and then patted down Chilton. McFadden found a second pistol during the frisk of Chilton. Eventually, a prosecutor charged Terry and Chilton with carrying concealed weapons.

In a pretrial motion to suppress the evidence of the pistols, Terry and Chilton contended that McFadden’s stop and frisk violated the Fourth Amendment. The trial court denied the motion, holding that McFadden’s search was permissible under the Fourth Amendment. Following a bench trial, both men were convicted. On appeal, the Ohio Court of Appeals affirmed the trial court’s judgment, and the Ohio Supreme Court then dismissed a further appeal as lacking a substantial constitutional question. Terry and Chilton filed a joint cert petition.

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[ipsurvivor]

McFadden was in plainclothes...not sure why most reenactments show McFadden in an official uniform.

[humbertoechegoyen]

Watch Mr. Beat on terry vs ohio he isn’t trying to charge you for the rest of the video

[kauztekgaming]

Terry and Chilton looking into the window, leaving, and returning to look in the window so many times is reasonable suspicion a crime is afoot.

[ljh]

Two things about this video: it shows two black men but it doesn't show their third accomplice a white man (Katz) who was later let go due to not having a gun on him. McFaden was also in plain clothes but identified himself as an officer from the get-go.

[USAlien]

So then am officer IS allowed to search you if they suspect you of possibly committing a crime ?
I'm just trying to understand my rights.
I don't know why the fourth amendment did not protect them from the search. I also don't understand why they were charged after that search because they had a weapon on them.
Im only confused because I've heard of cases where a person is illegally searched, drugs were found, and then cases were dropped because the search should not of happened. What makes this case different? ? Is it only because it was a gun that was found ?

[voodooman]

The fact that the courts stated it was of no constitutional importance or value? We have the 2nd amendment. It's not a crime to carry a fire arm.

[markedtky]

What about the 2nd amendment? Did the supreme court just ignore it?

[lisalasoya]

Imagine a police officer reasonably suspects that a person is about to commit a crime and is armed with a weapon.But it's mostly a hunch and the officer lacks probable cause to arrest or seach the person for evidence. So what else is new, they overdo their jobs.

[moses]

Unconstitutional arrest . The officer ignored their right to bear arms .

[jacobthereceiver]

I don’t get it, whats bad about this why do they want this to overturn

[dieselforwethepeoplenews]

This was 1968 opinion on the Supreme Court which extended from the 1889 I believe it the year it was in fact it was racial motivated in 1889 up to 1968 it is the most common use of violation of the Fourth Amendment right which also extends to the 1st 2nd 5th 6 and 8 this is worse than qualified immunity

[dieselforwethepeoplenews]

PS don't let the court for you detained is a trickery of words detained is a arrest!!!

[jetsondaniels]

There were not just two black guys a white guy too

[manzoorkhan]

These are not the actual facts of the case!

[georgeofthejungle]

Clickbait videos such as this should be removed, the author warned and subsequently banned. If all your posting is a preview then say so in the description.

[nirv]

What do you mean "unlock this video?" This is the INTERNET. We don't "LOCK" things here. Who do you think you are? Get off of my internet with that swill right now.

Everyone please report this video as SPAM. That's what it is. I don't have to go to some other website to view the full video.

[ConnorReynolds]

Doesn’t surprise me this video is biased towards Terry v Ohio. 🙄

[Ecuadorrox]

This the most biased representation of this event I’ve seen to date! PEOPLE DONT WATCH THIS CHANNEL. BIASED POLICE VIDEOS

[Chronic]

video didn't explain anything - zero stars