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Terry v. Ohio, 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime.
A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. [ 1 ] [ 2 ] Reasonable suspicion is a lower standard than probable cause which is needed for arrest .
This is what is known in other places in the United States as the Terry stop. The rules for the policy are contained in the state's criminal procedure law section 140.50 and based on the decision of the US Supreme Court in the case of Terry v. Ohio. In 2016, a reported 12,404 stops were made under the stop-and-frisk program.
As of February 2011, there is no U.S. federal law requiring that an individual identify themself during a Terry stop, but Hiibel held that states may enact such laws, provided the law requires the officer to have reasonable and articulable suspicion of criminal involvement, [28] and 24 states have done so. [29]
Terry v. Ohio, 392 U.S. 1 (1968) Police may stop a person if they have a reasonable suspicion that the person has committed or is about to commit a crime and frisk the suspect for weapons if they have a reasonable suspicion that the suspect is armed and dangerous without violating the Fourth Amendment. Mancusi v.
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch ' "; [1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", [2] and the suspicion must be associated with the ...
Mapp v. Ohio, 367 U.S. 643 (1961) — incorporated exclusionary rule against the states; Terry v. Ohio, 392 U.S. 1 (1968) — stop and frisk for weapons OK for officer safety; Sibron v. New York, 392 U.S. 40 (1968) — companion case to Terry. Peters v. New York (1968) — companion case to Terry contained in Sibron
The decision in this case allowed for greater police discretion in identifying suspicious or illegal activities. This case resulted in the creation of the Terry stop, in which the police may stop a person based on reasonable suspicion of involvement in criminal activity. [10] In 1975, United States v. Brignoni-Ponce was decided.