This is only Terry v. Ohio please make sure only using the images I provided no other resources

Issue: What overarching issue was the court addressing or resolving (one questions not a paragraph just one sentence encapsulating)

Facts: What are the facts that the court described and cared about?

facts section should only include the actual facts of the case.

Rule of Law:What rule please mention the statue, case, legal principle mentioned in the images, did the court apply

*rule of law segment should only include the actual statutes, constitutional amendments or cases the Court applies the facts

Application- how did the court apply the rule to the facts?

*application section should be how the Court applied the facts to the law

Conclusion: what result did the court reach and WHY?

google.com X Google Books Page 555 Search in this book Q > I II ... AUTHORITY TO DETAIN AND ARREST; USE OF FORCE 555 Welcome to t subsequently joined them. These observations on both sides of the public debate over the power Check out the new look caused Officer Mcfadden to suspect that the three of the police to 'stop and frisk'-as it is sometimes men were casing the store, preparing for a robbery, euphemistically termed-suspicious persons. and that they might have guns. He approached the On the one hand, it is frequently argued that in Got it three men, identified himself as a police officer, dealing with the rapidly unfolding and often dan- and asked for their names. When the men "mum- gerous situations on city streets the police are in bled something" in response to his inquiry, Officer need of an escalating set of flexible responses, Mcfadden grabbed one of them (Terry), spun him graduated in relation to the amount of information around, and patted down the outside of his cloth- they possess. For this purpose it is urged that dis- ing. Feeling a pistol in Terry's left breast pocket, tinctions should be made between a "stop" and an Officer Mcfadden ordered all three men to enter "arrest" (or a "seizure" of a person), and between a Constitut Zucker's store. As they went in, he removed Terry's "frisk" and a " search." Thus, it is argued, the police overcoat, retrieved a .38-caliber revolver from the should be allowed to "stop" a person and detain pocket, and ordered all three men to face the wall him briefly for questioning upon suspicion that with their hands raised. He proceeded to pat down he may be connected with criminal activity. Upon CONSTITUTIONAN By Jacqueline R. Kand the outer clothing of Chilton and Katz, the other suspicion that the person may be armed, the police two men. He discovered a revolver in the outer should have the power to "frisk" him for weapons. NAL pocket of Chilton's overcoat, but no weapons were If the "stop" and the "frisk" give rise to probable found on Katz. He testified that he only patted the cause to believe that the suspect has committed men down to see whether they had weapons, and a crime, then the police should be empowered that he did not put his hands beneath the outer gar- to make a formal "arrest," and a full incident Preview ments of either Terry or Chilton until he felt their "search" of the person. This scheme is justified guns. The trial court denied the defendants' motion in part upon the notion that a 'stop' and a 'frisk' to suppress the guns on the ground that Officer Mc- amount to a mere "minor inconvenience and Fadden, on the basis of his experience, "had rea- petty indignity," which can properly be imposed Overview Get sonable cause to believe that the defendants were upon the citizen in the interest of effective law conducting themselves suspiciously, and some in- enforcement on the basis of a police officer's terrogation should be made of their action."] suspicion. On the other side the argument is made that the Mr. Chief Justice WARREN delivered the opin- authority of the police must be strictly circum- ion of the Court scribed by the law of arrest and search as it has de- About this edition veloped to date in the traditional jurisprudence of This case presents serious questions concerning the Fourth Amendment. It is contended with some the role of the Fourth Amendment in the confron force that there is not-and cannot be-a variety tation on the street between the citizen and the of police activity which does not depend solely ISBN: 978145 policeman investigating suspicious circumstances. upon the voluntary cooperation of the citizen and yet which stops short of an arrest based upon Published: April 25 . . . Unquestionably petitioner was entitled to probable cause to make such an arrest. The heart Social Science / the protection of the Fourth Amendment as he of the Fourth Amendment, the argument runs, is Publisher: Elsevie walked down the street in Cleveland. The question a severe requirement of specific justification for is whether in all the circumstances of this on-the- any intrusion upon protected personal security, Author: Jacque street encounter, his right to personal security was coupled with a highly developed system of judicial violated by an unreasonable search and seizure. controls to enforce upon the agents of the State the We would be less than candid if we did not ac- commands of the Constitution. Acquiescence by knowledge that this question thrusts to the fore dif- the courts in the compulsion inherent in the field Create Citation ficult and troublesome issues regarding a sensitive interrogation practices at issue here, it is urged, area of police activity-issues which have never be- would constitute an abdication of judicial control fore been squarely presented to this Court. Reflect over, and indeed an encouragement of, substantial five of the tensions involved are the practical and interference with liberty and personal security by An incomparably clear a constitutional arguments pressed with great vigor police officers whose judgment is necessarily " simplifies jurisprudencgoogle.com Google Books Page 556 Search in this book Q > II ... X colored by their primary involvement in "the often upon the sanctity of the person, which may inflict competitive enterprise of ferreting out crime." great indignity and arouse strong resentment, and This, it is argued, can only serve to exacerbate po- it is not to be undertaken lightly. Welcome to t lice-community tensions in the crowded centers of * * * our Nation's cities. We therefore reject the notions that the Fourth Check out the new look In this context we approach the issues in this Amendment does not come into play at all as a case mindful of the limitations of the judicial func- limitation upon police conduct if the officers stop tion in controlling the myriad daily situations in short of something called a "technical arrest" or a Got it which policemen and citizens confront each other "full-blown search." on the street. . . . In this case there can be no question, then, that .. . Street encounters between citizens and police Officer Mcfadden "seized" petitioner and sub- officers are incredibly rich in diversity. They range jected him to a "search" when he took hold of from wholly friendly exchanges of pleasantries or him and patted down the outer surfaces of his mutually useful information to hostile confronta- clothing. We must decide whether at that point it tions of armed men involving arrests, or injuries, was reasonable for Officer Mcfadden to have in- Constitut or loss of life. Moreover, hostile confrontations terfered with petitioner's personal security as he are not all of a piece. Some of them begin in a did. And in determining whether the seizure and friendly enough manner, only to take a different turn search were "unreasonable" our inquiry is a dual upon the injection of some unexpected element into one-whether the officer's action was justified CONSTITUTIONAL By Jacqueline R. Kan the conversation. Encounters are initiated by the po- at its inception, and whether it was reasonably re- lice for a wide variety of purposes, some of which lated in scope to the circumstances which justified NAL are wholly unrelated to a desire to prosecute for the interference in the first place. crime. Doubtless some police "field interrogation" If this case involved police conduct subject to the conduct violates the Fourth Amendment. Warrant Clause of the Fourth Amendment, we would have to ascertain whether "probable cause" Preview Our first task is to establish at what point in this existed to justify the search and seizure which took encounter the Fourth Amendment becomes rele- place. However, that is not the case. .. . Instead, the vant. That is, we must decide whether and when conduct involved in this case must be tested by the Officer Mcfadden "seized" Terry and whether Fourth Amendment's general proscription against Overview Get and when he conducted a "search." There is some unreasonable searches and seizures suggestion in the use of such terms as "stop" and ... In order to assess the reasonableness of "frisk" that such police conduct is outside the pur- Officer Mcfadden's conduct as a general proposi- view of the Fourth Amendment because neither tion, it is necessary "first to focus upon the govern- action rises to the level of a "search" or "seizure" mental interest which allegedly justifies official within the meaning of the Constitution. We em- intrusion upon the constitutionally protected inter- About this edition phatically reject this notion. It is quite plain that ests of the private citizen," for there is "no ready the Fourth Amendment governs "seizures" of the test for determining reasonableness other than person which do not eventuate in a trip to the sta- by balancing the need to search (or seize) against tion house and prosecution for crime-"arrests" in the invasion which the search (or seizure) entails." ISBN: 978145 traditional terminology. It must be recognized that And in justifying the particular intrusion the police whenever a police officer accosts an individual officer must be able to point to specific and artic- Published: April 25 and restrains his freedom to walk away, he has ulable facts which, taken together with rational in- 1, Social Science / "seized" that person. And it is nothing less than ferences from those facts, reasonably warrant that Publisher: Elsevie sheer torture of the English language to suggest that intrusion. .. . Anything less would invite intrusions a careful exploration of the outer surfaces of a per- upon constitutionally guaranteed rights based Author: Jacque son's clothing all over his or her body in an attempt on nothing more substantial than inarticulate to find weapons is not a "search." Moreover, it is hunches, a result this Court has consistently re- simply fantastic to urge that such a procedure per- fused to sanction. And simple "good faith on the formed in public by a policeman while the citizen part of the arresting officer is not enough." .. . If 79 Create Citation stands helpless, perhaps facing a wall with his hands subjective good faith alone were the test, raised, is a "petty indignity." It is a serious intrusion the protections of the Fourth Amendment would An incomparably clear ar "legalese," simplifies jurigoogle.com G Constitutional Law - Google Books Order ID: 4068269 - PapersOwl.com Google Books Page 557 Search in this book Q II X evaporate, and the people would be 'secure in their fatally be used against him. Certainly it would persons, houses, papers and effects,' only in the be unreasonable to require that police officers take Welcome to t discretion of the police." unnecessary risks in the performance of their . . One general interest is of course that of duties. American criminals have a long tradition Check out the new look effective crime prevention and detection; it is this of armed violence, and every year in this country interest which underlies the recognition that a po- many law enforcement officers are killed in the lice officer may in appropriate circumstances and line of duty, and thousands more are wounded. Got it in an appropriate manner approach a person for Virtually all of these deaths and a substantial purposes of investigating possibly criminal behav- portion of the injuries are inflicted with guns ior even though there is no probable cause to make and knives. an arrest. It was this legitimate investigative func- In view of these facts, we cannot blind ourselves tion Officer Mcfadden was discharging when he to the need for law enforcement officers to protect decided to approach petitioner and his compan- themselves and other prospective victims of vio- ions. He had observed Terry, Chilton, and Katz lence in situations where they may lack probable go through a series of acts, each of them perhaps cause for an arrest. When an officer is justified Constitut innocent in itself, but which taken together war- in believing that the individual whose suspicious ranted further investigation. There is nothing un- behavior he is investigating at close range is usual in two men standing together on a street armed and presently dangerous to the officer or CONSTITUTIONAL By Jacqueline R. Kand corner, perhaps waiting for someone. Nor is there to others, it would appear to be clearly unreason- anything suspicious about people in such circum- able to deny the officer the power to take necessary stances strolling up and down the street, singly or measures to determine whether the person is in NAL in pairs. Store windows, moreover, are made to be fact carrying a weapon and to neutralize the threat looked in. But the story is quite different where, as of physical harm. here, two men hover about a street corner for an We must still consider, however, the nature and Preview extended period of time, at the end of which it be- quality of the intrusion on individual rights which comes apparent that they are not waiting for any- must be accepted if police officers are to be con- one or anything; where these men pace alternately ceded the right to search for weapons in situations along an identical route, pausing to stare in the where probable cause to arrest for crime is lacking. same store window roughly 24 times; where each Even a limited search of the outer clothing for Overview Get completion of this route is followed immediately weapons constitutes a severe, though brief, intru- by a conference between the two men on the cor- sion upon cherished personal security, and it must ner; where they are joined in one of these confer- surely be an annoying, frightening, and perhaps ences by a third man who leaves swiftly; and where humiliating experience. Petitioner contends that the two men finally follow the third and rejoin him such an intrusion is permissible only incident to About this edition a couple of blocks away. It would have been poor a lawful arrest, either for a crime involving the police work indeed for an officer of 30 years' possession of weapons or for a crime the com- experience in the detection of thievery from stores mission of which led the officer to investigate in in this same neighborhood to have failed to inves- the first place. However, this argument must be ISBN: 978145 tigate this behavior further closely examined. The crux of this case, however, is not the pro- Petitioner does not argue that a police officer Published: April 25 priety of Officer Mcfadden's taking steps to inves- should refrain from making any investigation of tigate petitioner's suspicious behavior, but rather, suspicious circumstances until such time as he Social Science / Publisher: Elsevie whether there was justification for Mcfadden's has probable cause to make an arrest; nor does invasion of Terry's personal security by searching he deny that police officers in properly dischar- Author: Jacque him for weapons in the course of that investigation. ging their investigative function may find them- We are now concerned with more than the govern- selves confronting persons who might well be mental interest in investigating crime; in addition, armed and dangerous. Moreover, he does not say there is the more immediate interest of the police that an officer is always unjustified in searching 97 Create Citation officer in taking steps to assure himself that the a suspect to discover weapons. Rather, he says it person with whom he is dealing is not armed is unreasonable for the policeman to take that step with a weapon that could unexpectedly and until such time as the situation evolves to a pointgoogle.com G Constitutional Law - Google Books Order ID: 4068269 - PapersOwl.com Google Books Page 558 Search in this book Q > II X 558 CONSTITUTIONAL LAW where there is probable cause to make an arrest. "hunch," but to the specific reasonable inferences Welcome to t When that point has been reached, petitioner which he is entitled to draw from the facts in light would concede the officer's right to conduct a of his experience. Check out the new look search of the suspect for weapons, fruits or instru- * * * mentalities of the crime, or "mere" evidence, inci- The scope of the search in this case presents no dent to the arrest. serious problem in light of these standards. Officer Got it There are two weaknesses in this line of re- McFadden patted down the outer clothing of peti- asoning however. First, it fails to take account tioner and his two companions. He did not place of traditional limitations upon the scope of his hands in their pockets or under the outer sur- searches, and thus recognizes no distinction in face of their garments until he had felt weapons, purpose, character, and extent between a search in- and then he merely reached for and removed the cident to an arrest and a limited search for guns. He never did invade Katz' person beyond weapons. The former, although justified in part the outer surfaces of his clothes, since he discov- Constitut by the acknowledged necessity to protect the ar- ered nothing in his patdown which might have resting officer from assault with a concealed been a weapon. Officer Mcfadden confined his weapon is also justified on other grounds, and search strictly to what was minimally necessary can therefore involve a relatively extensive explo- to learn whether the men were armed and to CONSTITUTIONAL By Jacqueline R. Kan ration of the person. A search for weapons in disarm them once he discovered the weapons. the absence of probable cause arrest, however, He did not conduct a general exploratory search NAL must, like any other search, be strictly circum- for whatever evidence of criminal activity he scribed by the exigencies which justify its initia- might find. tion. Thus it must be limited to that which is We conclude that the revolver seized from Terry necessary for the discovery of weapons which was properly admitted in evidence against him. Preview might be used to harm the officer or others nearby, At the time he seized petitioner and searched and may realistically be characterized as some- him for weapons, Officer Mcfadden had reason- thing less than a "full" search, even though it able grounds to believe that petitioner was armed remains a serious intrusion. and dangerous, and it was necessary for the protec Overview Get A second, and related, objection to petitioner's tion of himself and others to take swift measures to argument is that it assumes that the law of arrest discover the true facts and neutralize the threat of has already worked out the balance between the harm if it materialized. The policeman carefully particular interests involved here-the neutraliza- restricted his search to what was appropriate to tion of danger to the policeman in the investigative the discovery of the particular items which he circumstance and the sanctity of the individual. sought. Each case of this sort will, of course, have About this edition But this is not so. . . . to be decided on its own facts. We merely hold to- Our evaluation of the proper balance that has to day that where a police officer observes unusual be struck in this type of case leads us to conclude conduct which leads him reasonably to conclude that there must be a narrowly drawn authority to in light of his experience that criminal activity ISBN: 978145 permit a reasonable search for weapons for the may be afoot and that the persons with whom he protection of the police officer, where he has rea- is dealing may be armed and presently dangerous, Published: April 25 son to believe that he is dealing with an armed and where in the course of investigating this behavior , Social Science / dangerous individual, regardless of whether he has he identifies himself as a policeman and makes Publisher: Elsevie probable cause to arrest the individual for a crime. reasonable inquiries, and where nothing in the ini- The officer need not be absolutely certain that tial stages of the encounter serves to dispel his rea- Author: Jacque the individual is armed; the issue is whether a sonable fear for his own or others' safety, he is reasonably prudent man in the circumstances entitled for the protection of himself and others would be warranted in the belief that his safety in the area to conduct a carefully limited search or that of others was in danger. And in determining of the outer clothing of such persons in an attempt 97 Create Citation whether the officer acted reasonably in such cir- to discover weapons which might be used to as- cumstances, due weight must be given, not to his sault him. Such a search is a reasonable search inchoate and unparticularized suspicion or under the Fourth Amendment, and any weapons tzgoogle.com G Constitutional Law - Google Books Order ID: 4068269 - PapersOwl.com Google Books Page 559 Search in this book > X AUTHORITY TO DETAIN AND ARREST; USE OF FORCE 559 Welcome to t seized may properly be introduced in evidence . . . An individual's presence in an area of against the person from whom they were taken. expected criminal activity, standing alone, is not Check out the new look enough to support a reasonable, particularized sus- Affirmed. picion that the person is committing a crime. But officers are not required to ignore the rele- Got it [Concurring and dissenting opinions have been vant characteristics of a location in determining omitted.] whether the circumstances are sufficiently suspi- cious to warrant further investigation. Accord- ingly, we have previously noted the fact that the ILLINOIS stop occurred in a "high crime area" among the V. relevant contextual considerations in a Terry WARDLOW analysis. Constitut In this case, moreover, it was not merely respon 528 U.S. 119, 120 S. Ct. 673, dent's presence in an area of heavy narcotics 145 L. Ed. 2d 570 (2000) trafficking that aroused the officers' suspicion CONSTITUTIONAL By Jacqueline R. Kand but his unprovoked flight upon noticing the police. [Citations and footnotes omitted.] Our cases have also recognized that nervous, eva- sive behavior is a pertinent factor in determining NAL CHIEF JUSTICE REHNQUIST delivered the reasonable suspicion. Headlong flight-wherever opinion of the Court. it occurs-is the consummate act of evasion: it is not necessarily indicative of wrongdoing, but * * * it is certainly suggestive of such. In reviewing Preview On September 9, 1995, Officers Nolan and the propriety of an officer's conduct, courts Harvey were working as uniformed officers in the do not have available empirical studies dealing special operations section of the Chicago Police De- with inferences drawn from suspicious behavior, partment. The officers were driving the last car of a and we cannot reasonably demand scientific Overview Get four-car caravan converging on an area known for certainty from judges or law enforcement officers heavy narcotics trafficking in order to investigate where none exists. Thus, the determination of drug transactions. The officers were traveling to- reasonable suspicion must be based on common- gether because they expected to find a crowd of peo- sense judgments and inferences about human be- ple in the area, including lookouts and customers. havior. We conclude Officer Nolan was justified As the caravan passed 4035 West Van Buren, in suspecting that Wardlow was involved in crim- About this edition Officer Nolan observed respondent Wardlow inal activity, and, therefore, in investigating standing next to the building holding an opaque further. bag. Respondent looked in the direction of the of- Such a holding is entirely consistent with our ficers and fled. Nolan and Harvey turned their car decision in Florida v. Royer, where we held that ISBN: 978145 southbound, watched him as he ran through the when an officer, without reasonable suspicion or gangway and an alley, and eventually cornered probable cause, approaches an individual, the Published: April 25 him on the street. Nolan then exited his car and individual has a right to ignore the police and go Social Science / stopped respondent. He immediately conducted about his business. And any "refusal to cooperate, Publisher: Elsevie a protective pat-down search for weapons because without more, does not furnish the minimal level in his experience it was common for there to be of objective justification needed for a detention Author: Jacque weapons in the near vicinity of narcotics transac- or seizure." But unprovoked flight is simply not tions. During the frisk, Officer Nolan squeezed the a mere refusal to cooperate. Flight, by its very bag respondent was carrying and felt a heavy, hard nature, is not "going about one's business"; in fact, object similar to the shape of a gun. The officer it is just the opposite. Allowing officers confronted 97 Create Citation then opened the bag and discovered a .38-caliber with such flight to stop the fugitive and investigate handgun with five live rounds of ammunition. further is quite consistent with the individual's The officers arrested Wardlow. right to go about his business or to stay put * * * and remain silent in the face of police questioning.AutoSave OFF A A ? C G ... W- Doc3 Comments Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Calibri (Bo... v 12 A" A Aa Ap AaBbCcDdEe AaBbCcDdEe AaBbCcDc AaBbCcDdEE AaBb( AaBbCCDdEE No Spacing Heading 1 Heading 2 Title Subtitle Styles Dictate Editor Norma Paste BIUvab X X A LA Pane Format Text Effects A A > Shadow > Reflection AUTHORITY TO DETA > Glow Mr. Chief Justice WARREN delivered the opin- ion of the Court. > Soft Edges This case presents serious questions concerning > 3-D Format the role of the Fourth Amendment in the confronta- tion on the street between the citizen and the policeman investigating suspicious circumstances. * * * Focus E + 148% Page 2 of 7 0 words [ English (United States)AutoSave OFF A A ? C G ... W- Doc3 Share Comments Home Insert Draw Design Layout References Mailings Review View ? Tell me A A Aa Ap AaBbCcDdEe AaBbCcDdEe AaBbCcDc AaBbCcDdEE AaBb( AaBbCCDdEE Calibri (Bo... v 12 Dictate Norma No Spacing Heading 1 Heading 2 Title Subtitle Styles Editor Pane Paste BIU ab X x |A LA Format Text Effects as [Officer Mcfadden was patrolling in downtown Cleveland when his attention was attracted to two men standing on the corner. He observed one man leave the other, walk past some stores, pause for a A A moment to look in a store window, walk a short distance beyond, turn around and walk back, > Shadow pausing to look in the same store window again > Reflection before returning to his companion. He and his in companion conferred briefly and then his com- > Glow panion went through the same series of motions. > Soft Edges The two men alternated in repeating this ritual approximately five or six times each. A third man > 3-D Format subsequently joined them. These observations caused Officer Mcfadden to suspect that the three CV CD men were casing the store, preparing for a rob- bery, and that they might have guns. He approached the three men, identified himself as a police officer, and asked for their names. When the men "mum- bled something" in response to his inquiry, Officer Mcfadden grabbed one of them (Terry), spun him around, and patted down the outside of his cloth- ing. Feeling a pistol in Terry's left breast pocket, Officer Mcfadden ordered all three men to enter Zucker's store. As they went in, he removed Ter- ry's overcoat, retrieved a .38-caliber revolver from the pocket, and ordered all three men to face the wall with their hands raised. He proceeded to pat down the outer clothing of Chilton and Katz, the other two men. He discovered a revolver in the outer pocket of Chilton's overcoat, but no weap- ons were found on Katz. He testified that he only patted the men down to see whether they had weapons, and that he did not put his hands beneath the outer garments of either Terry or Chilton until he felt their guns. The trial court denied the defen- dants' motion to suppress the guns on the ground that Officer Mcfadden, on the basis of his experi- ence, "had reasonable cause to believe that the defendants were conducting themselves suspi- ciously, and some interrogation should be made of their action."1 Focus E + 148% Page 2 of 6 0 words English (United States)