The Case Of Terry V. Ohio

On October 31, 1963 a Cleveland Police Detective stopped and arrested three men outside a department store window. The officer charged two of the men with carrying concealed weapons. One of the men involved in this stop and frisk, John W. Terry, challenged the ruling, stating that it was against his 4th Amendment rights to be searched for weapons by an off duty police officer without probable cause for arrest. On June 10, 1968 the Supreme Court ruled 8-1 in favor of the policeman stating he had more than enough reason to stop these men and conduct a search. This case has been used as a guideline in many other rulings since 1968 that involve what may or may not be an “unreasonable search and seizure” under the 4th Amendment.

I could be driving minding my own business and a drive by a police officer just parked somewhere and police officer spots me and pulls me over for some reason. The police officer orders me out of my vehicle. Maybe I was speeding and I did not know? Or maybe the police officer wants to search me and my car? Can the officer do that? The answer to all these questions are no, Thanks to the Fourth Amendment, The police officer has limited power to seize and search me or my car (Friedman, Barry, and Orin Kerr). Now, the Fourth Amendment has been questioned repeatedly during the last several years, as police and higher intelligent agencies in the United States have engaged in a number of controversial activities. From the federal government collecting telephones and Internet connections to protect us, due to the War on Terror and trying to prevent the same damage that happened on 9/11. Many municipal police forces have engaged in violent use of “stop and frisk.” There have been as far as incidents were police officers were force to shoot civilians (Friedman, Barry, and Orin Kerr).

“"Stop and frisk" is a practice that permits a police officer to stop any individual if the officer has reason to believe "criminal activity may be afoot"” (Fallon, 2013, p. 321). There are many cases that ruled in favor

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

The Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable

The constitutional requirements of stop and frisk practices were bought up by the Supreme Court during the court case of Terry v. Ohio. Before this case, it was illegal for Police Officers to stop someone and frisk them unless they were being arrested or have a search warrant for that person. After various cases that tested the constitutional rights of Americans such as Sibron v. New York, Peters v. New York and Terry v. Ohio, the Supreme Court cane to the conclusion that police officers can frisk someone without having

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 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

There has always been tension raised between maintaining a safe society and observing by the constitutional rights of its citizens. The New York City aggressive program of Stop and Frisk have been widely criticized and considered unconstitutional. However, Stop and Frisk, per se is not unconstitutional unless people are being stopped illegally. It 's a crime prevention tool that allows police officers to stop a person based on reasonable suspicion of criminal activity and to conduct a frisk based on reasonable suspicion that the person is armed. Some argue this policy was created to target minorities. Most of the people who have been stopped and frisked under this program have been African American or Hispanic. This concerns citizens and makes them oppose the policy because they believe its racial profiling and guided by color. Stop and frisk is now one of the biggest controversies in United States. It has become something that is affecting society in both a positive and negative way.

Stop and frisk accomplished its goal of lowering crime rates; however, the policy conflicted with the human rights. Many people, especially color, felt that their rights are being taken away such as the fourth amendment. The fourth amendment states:

“Stop and Frisk” is a program put into effect by the New York Police Department that basically grants an officer authority to stop and search a “suspicious character” if they deem him/her to be as such. They don’t need a warrant, or see you commit a crime. 5They simply need to deem you “suspicious” to violate your 4th amendment rights without repercussions. Since its inception, New York City’s stop and frisk program has drawn much controversy stemming from the disproportionate rate of arrest. While the argument that the program violates an

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?

In my opinion I think the stop and frisking is not okay. I say this because it's kind of racist, most of the time they only want to stop black people. It’s also humiliating because they are just stopping people who are just innocent. For example Tyquan, most of the time he wasn't doing anything bad and he was being stopped, he probably felt annoyed and bothered because he was just been stopped for no reason. I also think that although when they stop-and-frisk people, they sometimes capture the right people who are up to something bad. It can be a good thing because they are capturing the “bad people.” But I still think that is not right because they stop the innocent people, it makes them scared, makes them not want to even come out of their houses, they don't feel safe walking down the street and they also just want to stop-and-frisk people who are black and especially stop those who are young men. If I was being stopped-and-frisked I wouldn't like it especially if I was just walking down the street trying to go somewhere and they stopped me because I was looking suspicious. I would be really furious and also I would be scared to come out of my

But also 80 to 90 percent of those people that were stopped were doing nothing wrong.Also in 2013 a federal judge in New York said that the policy of stop and frisk was discriminatory and unconstitutional.Therefore, these reasons show why stop and frisk should be discontinued.

When it comes to stop-and-frisk and Terry Stop, can be both good thing and bad thing for our country. The good is if officer take there time and observe we can help prevent a lot of crime. On the downside, these officers mostly target African American and Hispanic males. Stop-and- frisk takes place when an officer feels it’s some type of suspicion about a citizen, they then stop you and frisk if they feel is necessary. But not all of those stop and frisk are good, the statistics in New York show that 9 out of10 stop-and-frisk are innocent. So what does this tell you? That maybe as officers we should try a different method or a different type of citizen to stop-and-frisk. The Terry Stop, however, is a bit different. Terry Stop came from a case that took place in 1968 in Ohio; about a man who was stopped by an officer who felt Mr. Terry was behaving suspiciously with two other friends. After reading and learning about the Terry vs. Ohio case I