Terry Vs. Ohio, 392 U.s.

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Terry vs. Ohio, 392 U.S. 1 (1968) INTRODUCTION: In Terry vs. Ohio, 392 U.S. 1 (1968), the question of the Fourth Amendment right against unreasonable search and seizure was brought before the court system. The case looked at the admissibility of evidence discovered during search and seizure, in particular, as it relates to street encounters and investigations between citizens and officers of the law. The Supreme Court of Ohio reviewed the decision of the 5th Ohio Court of Appeals. This case was of particular importance it helped establish what type of search and seizure behavior was lawful and unlawful on the part of officers, and set clear guidelines. The rulings in this case pertain to the Fourteenth Amendment (Cornell University Law School, n.d.). FACTS: In a hearing concerning a motion to suppress admission of evidence, Cleveland Detective Martin McFadden described an incident where he was patrolling downtown Cleveland on the afternoon of October 31, 1963. During patrol, McFadden noted two men at the corner of Huron and Euclid, who for some indefinable reason, attracted his attention. Although McFadden was unable to express precisely what it was that drew his attention concerning the men, the habits and intuition of over 30 years of observation and detective work were sufficient to engage his interest and have him settle in to observe the men more keenly (Justia, 2015). McFadden noted one man leave and walk along Huron Road past some stores. He stopped to

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