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Terry v. Ohio, 392 US 1 (1968)

Here is the summary of that case. This case was decided on June 10, 1968:

A Cleveland detective (McFadden), on a downtown beat which he had been patrolling for many years, observed two strangers (Terry and another man, Chilton) on a street corner. He saw them proceed alternately back and forth along an identical route, pausing to stare in the same store window, which they did for a total of about 24 times. Each completion of the route was followed by a conference between the two on a corner, at one of which they were joined by a third man (Katz) who left swiftly. Suspecting the two men of "casing a job, a stick-up," the officer followed them and saw them rejoin the third man a couple of blocks away in front of a store. The officer approached the three, identified himself as a policeman, and asked their names. The men "mumbled something," whereupon McFadden spun petitioner around, patted down his outside clothing, and found in his overcoat pocket, but was unable to remove, a pistol.

The officer ordered the three into the store. He removed petitioner's overcoat, took out a revolver, and ordered the three to face the wall with their hands raised. He patted down the outer clothing of Chilton and Katz and seized a revolver from Chilton's outside overcoat pocket. He did not put his hands under the outer garments of Katz (since he discovered nothing in his pat-down which might have been a weapon), or under petitioner's or Chilton's outer garments until he felt the guns. The three were taken to the police station. Petitioner and Chilton were charged with carrying [p2]concealed weapons.

The defense moved to suppress the weapons. Though the trial court rejected the prosecution theory that the guns had been seized during a search incident to a lawful arrest, the court denied the motion to suppress and admitted the weapons into evidence on the ground that the officer had cause to believe that petitioner and Chilton were acting suspiciously, that their interrogation was warranted, and that the officer, for his own protection, had the right to pat down their outer clothing having reasonable cause to believe that they might be armed.

The court distinguished between an investigatory "stop" and an arrest, and between a "frisk" of the outer clothing for weapons and a full-blown search for evidence of crime.

Terry and Chilton were found guilty, an intermediate appellate court affirmed, and the State Supreme Court dismissed the appeal on the ground that "no substantial constitutional question" was involved.

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Related Questions

Who was the defendant in Terry v Ohio?

In the US Supreme Court case, Terry v. Ohio, 392 U.S. 1 (1968), the respondent (like a defendant) in the case was the State of Ohio. John W. Terry was the petitioner or appellant (like a plaintiff).Terry was appealing his criminal conviction in People v. John W. Terry, 95 Ohio L. Abs. 321 (Court of Common Pleas of Cuyahoga County 1964), in which Terry had been the defendant and the State of Ohio had been the plaintiff.


Terry v Ohio is a court case that centered on interpretation of the?

fourth amendment


Is Terry v. Ohio a criminal case?

Terry v. Ohio, 392 US 1 (1968)John Terry's trial (State of Ohio v. John W. Terry) was a criminal case, but the US Supreme Court case (Terry v. Ohio) involved police procedure as applied under constitutional law. Terry wasn't on trial before the Supreme Court; the Court reviewed whether Terry's Fourth Amendment protection against unreasonable search and seizure had been violated and, if so, whether the evidence in his criminal case should have been suppressed under the Exclusionary Rule.If the the Supreme Court had held in Terry's favor, instead of Ohio's, the conviction would have been vacated and the case remanded to the trial court for a new trial, at which time it would have become a criminal case again.For more information, see Related Questions, below.


Which amendment centered on interpretation of terry v. Ohio court case?

The Fourth Amendment


Who were the unofficial reporters in the Terry v Ohio case?

oh nonsense people think bettere


What year was Terry v Ohio a reasonable suspicion case?

Terry v. Ohio, 392 US 1 (1968)The case was argued on December 12, 1967 and decided on June 10, 1968.For more information, see Related Questions, below.


Did Terry v. Ohio go to the US Supreme Court?

Terry v. Ohio, 392 US 1 (1968)Yes. John W. Terry, the defendant in State of Ohio v. Terry, appealed constitutional issues involved in his criminal conviction n the case Terry v. Ohio to the US Supreme Court. His appeal to the Supreme Court of Ohio was dismissed for lack of a substantial constitutional question. Terry v. Ohio was argued on December 12, 1967 and the decision was issued on June 10, 1968.For more information, see Related Questions, below.


Why was Marbury versus Madison considered a landmark court case?

Marbury v. Madison is considered a landmark court case because it established the principle of judicial review, which gives the Supreme Court the power to interpret the Constitution and strike down laws that are deemed unconstitutional. This case affirmed the Court's role as the final arbiter of the constitutionality of laws.


Which description applies to a landmark case?

In many countries a landmark case sets a legal precedent and is embodied into law


Which description applies to landmark case?

In many countries a landmark case sets a legal precedent and is embodied into law


In what courts was the Terry v Ohio case argued?

Bench TrialState of Ohio v. John W. Terry, 95 Ohio L.Abs. 321 (1964)The defendants waived a jury trial, and entered a plea of not guilty. Terry appeared before Judge Bernard Friedman at a bench trial in the Ohio Court of Common Pleas of Cuyahoga County on October 2, 1964.He was found guilty of carrying a concealed weapon and sentenced to three years in prison.Ohio Court of AppealsState of Ohio v. John W. Terry, 5 Ohio App.2d 122 - Court of Appeals of Ohio, Cuyahoga Co. (1966)On December 10, 1966, the Ohio Court of Appeals affirmed Terry's conviction.Ohio Supreme CourtDenied appeal.US Supreme CourtTerry v. Ohio, 392 US 1 (1968)The US Supreme Court heard the case under appellate jurisdiction, so there was no trial. Oral arguments were delivered on December 12, 1967 and the Court released it's decision on June 10, 1968. The US Supreme Court affirmed the Ohio courts' decisions.For more information, see Related Questions, below.


What is the precedent of New Jersey V TLO?

Mapp v. Ohio and Terry v. Ohio YES ITS IS BUT NOT REALLY, ITS THE CASE HELD IN SCHOOL WHERE TEACHERS SEARCHED HER WITHOUT ANY LEGAL NOTICE CALLED AS "PROBABLE CAUSE".