Sibron v. New York was never consolidated with Terry v. Ohio, instead it was consolidated with Peters v. New York.
In the case of Sibron v. New York, an NYPD Officer observed Nelson Sibron speaking with drug addicted citizens. At this point he performed a Terry Stop on Sibron where he observed the defendant sticking his hands into his pocket. The Officer proceeded to rip his hand out of his pocket and revealed multiple envelopes containing narcotics. He was subsequently arrested and charged with drug trafficking.
After a failed motion and appeal to have the evidence suppressed, the supreme court granted certiorari (legal review) and heard the case. In an 8-1 decision the court ruled in favor of Nelson Sibron on the basis that the officer never heard the conversation between the defendant and the drug addicts and thus the Terry Stop, which uncovered the drugs, was invalid. It also ruled that the search was invalid because the officer involved with the stop testified that he had no reasonable suspicion to believe that Sibron was armed with a weapon.
However, Peters v. New York worked out differently. Peters was arrested and later convicted for intent to commit burglary. An on duty officer observed Peters prowling inside an apartment building. When the officer approached Peters to question him about being there, he fled on foot. After the officer caught him and cuffed him, a terry search revealed the burglary tools. The supreme court held that because he ran from the officer he gave the officer probable cause to search him. Thus his conviction was enforced.
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If New York had ruled on Terry v. Ohio, 392 U.S. 1 (1968), the standard of "probable cause" for stop-and-frisk would have favored law enforcement more, and defendants would have less protection under the Fourth Amendment. The less restrictive rules governing stop-and-frisk protocol would have enabled the state prosecution to enter confiscated property into evidence more easily, increasing the state's conviction rate.We can answer this question with a high degree of certainty because the above summary describes how the state courts ruled in People v. Sibron, 18 N.Y.2d 603, 219 N.E.2d 196, 272 N.Y.S.2d 374 (1966), a case consolidated with Terry v. Ohiounder the name Sibron v. New York.In Sibron, the defendants argued the New York Code of Criminal Procedure § 180-a, which allowed wide latitude for stopping suspects in public, was unconstitutional under the Fourth Amendment, both facially and as applied.Section 180-a read, in part: "police officer may stop any person abroad in a public place whom he reasonably suspects is committing . . ." certain crimes "and may demand . . . his name, address and an explanation of his actions..."The US Supreme Court reversed the NY State Court of Appeals decision on the grounds that the police lacked probable cause to stop the defendants based on their behavior and their legitimate reason for being in the building where they were apprehended (one defendant had a girlfriend living there).Ironically, the defendants had been planning a burglary and were carrying tools used to break into locked buildings; however, this evidence was only discovered due to (in the Supreme Court's opinion) unconstitutional search and seizure. The US Supreme Court held the exclusionary rule applied, preventing the prosecution from using the illegally obtained evidence to convict the defendants.For more information, see Related Questions, below.
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Randall Terry was born in 1959, in New York City, New York, USA.
cornelius vanderblit
Terry Dinan was born on June 27, 1973, in New York City, New York, USA.
Terry Cashman was born on July 5, 1941, in New York City, New York, USA.
Sheila Terry died on January 19, 1957, in New York City, New York, USA.
Wallace Terry was born on April 21, 1938, in New York City, New York, USA.
Terry Keenan was born in Albany, in New York, USA.
New York City's five boroughs consolidated into one city in 1898.
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