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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.
In the United States, interactions between police and others fall into three general categories: consensual ("contact" or "conversation"), detention (often called a Terry stop, after Terry v. Ohio, 392 U.S. 1 (1968)), or arrest. "Stop and identify" laws pertain to detentions.
The Terry stop operates under the assumption that although stop-and-frisk is an intrusion, the potential harm from weapons outweighs it. [16] The cases following Terry expanded the power of the police. While the original case was concerned with armed violence and firsthand observation by officers, Adams v.
In the cases of Terry v. Ohio, Sibron v. New York, and Peters v. New York, the Supreme Court granted limited approval in 1968 to frisks conducted by officers lacking probable cause for an arrest in order to search for weapons if the officer suspects the subject to be armed and presently dangerous. The Court's decision made suspicion of danger ...
A traffic stop is usually considered to be a Terry stop and, as such, is a seizure by police; the standard set by the United States Supreme Court in Terry v. Ohio regarding temporary detentions requires only reasonable articulable suspicion that a crime has occurred or is about to occur. [1]
Under Terry v. Ohio (1968) police are permitted to frisk suspects for weapons. [130] The Court also allowed a search of arrested persons in Weeks v. United States (1914) to preserve evidence that might otherwise be destroyed and to ensure suspects were disarmed. [130] [131] In Carroll v.
Although the State of Kentucky dropped charges against him, a federal grand jury indicted Hensley for felon in possession of firearms charges. He unsuccessfully challenged the indictment based on allegations that the officers went beyond what was permissible in Terry v. Ohio. The Court for the Eastern District of Kentucky sentenced him to two ...
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