Wednesday, May 6, 2020

Terry Vs. Ohio, 392 U.s. - 1010 Words

Terry vs. Ohio, 392 U.S. 1 (1968) INTRODUCTION: In Terry vs. Ohio, 392 U.S. 1 (1968), the question of the Fourth Amendment right against unreasonable search and seizure was brought before the court system. The case looked at the admissibility of evidence discovered during search and seizure, in particular, as it relates to street encounters and investigations between citizens and officers of the law. The Supreme Court of Ohio reviewed the decision of the 5th Ohio Court of Appeals. This case was of particular importance it helped establish what type of search and seizure behavior was lawful and unlawful on the part of officers, and set clear guidelines. The rulings in this case pertain to the Fourteenth Amendment (Cornell University Law School, n.d.). FACTS: In a hearing concerning a motion to suppress admission of evidence, Cleveland Detective Martin McFadden described an incident where he was patrolling downtown Cleveland on the afternoon of October 31, 1963. During patrol, McFadden noted two men at the corner of Huron and Euclid, who for some indefinable reason, attracted his attention. Although McFadden was unable to express precisely what it was that drew his attention concerning the men, the habits and intuition of over 30 years of observation and detective work were sufficient to engage his interest and have him settle in to observe the men more keenly (Justia, 2015). McFadden noted one man leave and walk along Huron Road past some stores. He stopped toShow MoreRelatedCase Summary of Terry vs. Ohio1562 Words   |  6 PagesTerry vs. Ohio 392 U.S. (1968) Name Instructor Course Title Date Submitted Terry vs. Ohio: Case Summary: Following his usual patrol on a downbeat for several years, a Cleveland detective saw two strangers i.e. the petitioner and Mr. Chilton on a street corner. The two were observed proceeding alternately back and forth along a similar path in which they stared at the same window store for approximately twenty-four times. After completing the route, these individuals met at a corner where theyRead MoreIllinois vs Wardlow1441 Words   |  6 Pagescase of Illinois vs. Wardlow, many factors contributed to Wardlow’s arrest. Starting with the facts of the case, on September 9, 1995 Sam Wardlow fled after seeing police vehicles covering an area in Chicago where it was known to have high drug trafficking. Two police officers spotted Wardlow, Officers Nolan and Officer Harvey, and once Officer Nolan caught up with Mr. Wardlow, Officer Nolan proceeded to conduct a pat-down search of only the outer layer of clothing, or a â€Å"Terry Stop.† Officer NolanRead MoreOver The Past Deca des The Fourth Amendment Of The United1586 Words   |  7 PagesSearch incident to lawful arrest exception. According to The NCP, â€Å"if someone is lawfully arrested, the police may search her person and any area surrounding the person that is within reach (within his or her â€Å"wingspan†). See Chimel v. California, 395 U.S. 752 (1969)† (National Paralegal.Edu). The rationale behind search and seizure is that it must permissible by aw and a protective measure among citizens. Now if a person is able to commit a theft, and leave the store, fits the description reportedRead MoreScenario Involving Civil Liability and Civil Action986 Words   |  4 Pagesfound several case laws in reference to this scenario project like: 1) Terry vs. Ohio 392 US 1 (1963) – dealing with officers arresting individuals because of suspicion that is reasonable involving criminal activity. 2) Title 42 U.S. Code Section, 1983, - Cases involving federal civil rights on statues in which individuals are able to file lawsuits against officers, police departments or juristictions. 3) Floyd, et al, vs. City of New York, et al – a Federal Action case that was filed againstRead MoreThe Violation Of The Fourth Amendment3158 Words   |  13 Pagesthose within post-secondary schools. Of course, students on college campuses have more protection and privacy rig hts and are entitled to more because most students are eighteen and older meaning that they are indeed adults. In the case of Washington vs. Chrisman, Overdahl Chrisman was attending Washington State University when he was spotted by a campus police officer walking out of his room with what appeared to be a bottle of alcohol. 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