⚖️ Terry v. Ohio

Monday, June 10, 1968 All day

Police may stop a person if they have a reasonable suspicion that the person has committed or is about to commit a crime and frisk the suspect for weapons if they have a reasonable suspicion that the suspect is armed and dangerous without violating the Fourth Amendment. Decided June 10, 1968 (argued December 12, 1967). Opinion of the Court: Earl Warren → go there Dissenting: Douglas. Applied: the Fourth Amendment → go there Applied: the Fourteenth Amendment → go there Topic: Fourth Amendment rights. Terry v. Ohio, 392 U.S. 1 (1968), is a landmark U.S. Supreme Court decision in which the court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. Specifically, the decision held that a police officer does not violate the Fourth Amendment to the U.S. Constitution's prohibition on unreasonable searches and seizures when questioning someone even though the officer lacks probable cause to arrest the person, so long as the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. The court also ruled that the police officer may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is "armed and presently dangerous." This reasonable suspicion must be based on "specific and articulable facts," and not merely upon an officer's hunch. Wiki link

⚖️ Terry v. Ohio