Terry Vs. Ohio Case Study

This case is one that changed the way the United States Police forces will work forever. Every human in the world has natural born rights. Even people who have been arrested have rights, ‘The rights of the accused’. These rights are the main point of this court case.

The Supreme Court made it clear with its ruling that, police do have the authority to stop or detain an individual for a questioning for a short-term period without probable cause if he/she make have or about to commit a crime. This ruling is important because it gives police officer the authority to help protect him/herself as well as the community. It also puts steps in place to protect citizens from unreasonable search and seizure that is protected our Fourth Amendment right. In the case of Terry v. Ohio a police detective observed two men walking up and down a street several times and gazing into a store window. The officer observing conduct from the individuals that would lead him or her to suspect that a crime has already happened or about to happen is one of the necessities need to consider this as a valid stop. The officer identified himself as an officer of the law and began to inquire and request identification. The officer in this case followed the required guidelines for a valid stop. In return the Supreme Court ruled that this was a valid stop and frisk. According to United States Supreme Court TERRY v. OHIO, (1968) MR. JUSTICE HARLAN, concurring. While I unreservedly agree with the Court 's ultimate holding in this case, I am constrained to fill in a few gaps, as I see them, in its opinion. I do this because what is said by this Court today

In the case of Fare v. Michael C., the police arrested the sixteen-year-old Michael C. under the suspicion of murder, and he was transported to the police station for a custodial interrogation (Elrod & Ryder, 2014). Furthermore, before the interrogation began Michael C. was advised of his Miranda Rights, and Michael C. specifically asked to consult his probation officer, and not a lawyer (Elrod & Ryder, 2014). Consequently, the police refused to allow Michael C. to speak with his state probation officer, and they continued to question him about the murder (Henry-Mays, 2007). Michael C. continued to answer the investigator’s questions and he drew sketches, which ultimately implicated him in the murder (Henry-Mays, 2007). Now that we understand the general facts of the case, let us examine the key facts and issues, which lead to the Supreme Court’s decision.

Gardner, 2016). It was in 1968 in Terry vs. Ohio where the court initially ruled it to be legal for the police to detain someone and question them based on reasonable suspicion. Therefore, it is police officers’ job to identify people who are involved in criminal activity or are going to be involved in any criminal activity. If they ever see someone that they feel is acting a little suspicious and they have enough basic facts to say that their behavior seemed a bit shady, they have the right to detain that persona and question them.

follow for “Stop and Frisk” happened as a result of the “Terry v. Ohio “case (162). The

The case of Terry v. Ohio took place in 1968. This case involved a Detective who had witnessed three suspicious males patrol a street and stare into a specific window multiple times. With reasonable suspicion and probable cause, Detective McFadden assumed one of them could be armed. He then took one of the males and patted him down to find that he had a pistol on him. He patted the victim down for reasons of protecting himself and others in the community. The Fourth Amendment does include, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Israel, LaFave). The people who are being frisked are for reasons that the officer wants to protect himself and others, not just for no reason. People do have a right to their personal, private property and the stop and frisk, or sometimes know as a terry stop, is approved if the officer has reasons to believe the person could be carrying a weapon or a threat to society. The officer had reasonable suspicion and probable cause to search the male and was able to legally with the Fourth Amendment. The stop and frisk action has been around for almost 50 years. Is it time to put a stop to it because people think it is unconstitutional, or to change the way we view

Introduction Of Case: New Jersey v. T.L.O. (1985) is a court case heard and ruled on by the Supreme Court of the United States. The case dealt with the constitutionality of the search of a public school student after she had gotten caught smoking in a public school bathroom. The search provided evidence of drug paraphernalia, marijuana, and the intent of sale of drugs. The student fought the charges, stating that the search violated her Fourth Amendment rights. The United States Supreme Court ruled 6-3, that the search was reasonable under the Fourth Amendment.

This assignment is meant to explore the landmark Supreme Court decision Mapp v. Ohio. It is the purpose of the essay to examine the facts of the controversy, the arguments offered by the petitioner, and discuss as well the Supreme Court's ruling and its possible impact on precedent. The analysis will conclude with my commentary and opinion in regard to the Mapp decision.

In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians and Samuel Worcester created a nation holding distinct sovereign powers. This decision did not protect the Cherokees from being removed from their tribal birthplace in the Southeast.

In the case Terry v. Ohio, the defendant John Terry argued that his Fourth Amendment right was violated when a police officer conducted a search on him, and found a concealed weapon. According to the officer, he had been monitoring Terry’s actions prior to the stop in fear of his safety, thus, had enough reasonable suspicion to stop and search the defendant. The Supreme Court decided to rule in favor of the state determining that the officer may stop and frisk any suspicious person when he feels that his safety or those of others are in danger. A Terry Stop is when the police are allowed to stop, question and frisk someone they believe is behaving suspiciously (Larson, 2000). I am going to argue how police officers benefit from the Terry Stops even though on many occasions they take advantage of their power and act unethical. Essentially, it is acceptable for police officers to stop and frisk any suspicious person because it enhances the community. Furthermore, from the law enforcement perspective, any officer of the law should have a mandatory right to stop and search for weapons in order to protect themselves at all times. It is obvious that society feels that they cannot trust law enforcement because minorities are more likely to be stopped and frisk. Needless to say, it can be argued that we are one step closer to chaos. I would consider that the Supreme Court clarify and specify a little more on the stop and frisk law because ambiguity. In my opinion, anytime an

Members of the University of Illinois’s men’s swim team filed a lawsuit in 1993 claiming that the school was discriminating against them by cutting their team and not the women’s swim team. The members claimed that this decision was in violation of Title IX, a law that prohibited discrimination on the basis of gender, along with the equal protection clause of the Fourteenth Amendment. The University of Illinois made the decision to cut the men’s swim team due to budgetary limitations. Along with the men’s swim team, the men’s diving, men’s fencing, and women’s diving team were also cut for the same reason. There were many instances previous to this case where female athletes have filed lawsuits claiming that they were being discriminated against, and that the institution was in violation of

On June 10 1968, the United States Supreme Court sided with the government in the case Terry v Ohio, and held that the practice of “stop and frisk” was within the bounds of the 4th Amendment and therefore constitutional. On October 31, 1963, while walking a routine beat in Cleveland, Ohio, Officer Martin McFadden noticed a group of three African American men acting suspiciously outside of a jewelry store. After watching them walk by the store and reconvene almost 24 times, McFadden approached the group, identified himself as an officer and

Supreme Court's verdict on pretext traffic stops in Whren v. United States, racial hostility between white law enforcement and African American citizens is as insidious as ever. Statistics of unarmed African American men killed by police officers are seemingly alarmingly universally. In spite of the national quarrel against discrimination by police officers, the U.S. Supreme Court has lately made a choice that will expand police judgment. The fickle political background that sets the matter of “racial profiling” has directed local and state police agencies across the nation to start collecting information about traffic and pedestrian stops (Engel et al., Vol. 19, 2002). The disagreement over this topic is plagued by the uncorroborated notion that all race-based judgment by law enforcement is motivated by the type of person the police officers' are. Potential profiling would further show the role of how the agency has an influence on how the police officers distribute traffic violations as pretext. To further show the connection among civilians and police

To the everyday US citizen the United States Supreme Court is a nonexistent entity that is not often heard from or seen unless it reaches a decision on a controversial case. Mapp v. Ohio was one of the controversial cases that the Supreme Court made a decision on in 1961. What were the facts of the case? What constitutional issues are in question? What did the court decide, and what were there reasoning of the justices? What is the significance of the case?

Reasonable suspicion occurs when an equitable law enforcement officer possessing a belief or intuition of the possibility of a crime being committed, stops an alleged suspect, conducts a brief investigation and “pats” them down if it is believed the detainee possess a weapon. Reasonable suspicion became relevant in 1968, during the paramount case of Terry v. Ohio. An officer observed several people, Terry included, behaving in a suspicious manner in front of a store giving the officer reasonable suspicion to confront the suspects and conduct a brief pat down, whereas it was found that Terry had in his possession a firearm. This made the officer’s reasonable suspicion plausible, ruled by the Supreme Court, (Terry v. Ohio, 1968). Thus, this lead reasonable suspicion to probable cause to the arrest of Terry and his fellow accomplices.