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Essay on Terry vs. Ohio
Introduction
Terry vs. Ohio is the landmark case brought to the Supreme Court in which Terry believed that his rights had been violated. He was stopped on the street by a passing police officer, and searched, or frisked, and was found to be carrying a revolver. Terry tried to use the 4th amendment which protects against unreasonable searches and seizures. Terry tried to have the evidence of the gun thrown out against him because it was illegally obtained in a search performed by the arresting officer.
The courts later ruled that where a reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous regardless of whether he has probable cause to arrest that individual for crime or the absolute certainty that the individual is armed.
The Verdict
It was found that Terry was in violation of concealing a deadly weapon. When he tried to get the evidence thrown out and was refused, he appealed to the Supreme Court, saying that his 4th amendment rights were violated. The courts found that they were not with an 8-1 vote. It was stated that the officer and the people on the street have the right to their privacy and the safety of each other. Since the officer was preventing a possibly dangerous situation, he could not be breaking the 4th amendment by trying to protect the people in the vicinity and himself.
Discussion
Frequently, the police will observe somebody who needs to be checked out. That is the purpose of a stop and frisk, which has many different names: a field interview, a field inquiry, a threshold inquiry, or just routine questioning....
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