Terry v. Ohio

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Terry v. Ohio
Court Supreme Court of the United States
Citation
Date decided June 10, 1968
Appealed from Supreme Court of Ohio

Facts

In 1963, police officer Martin McFadden was stationed in downtown Cleveland, Ohio. He noticed 2 men including Terry going back and forth to peer into a store; a third man was cooperating with the first 2 men.

The officer McFadden deemed this activity suspicious and thought of it as preparation for criminal activity.

The officer approached the 3 men, identified himself as police, and patted them down. He found a gun on the men. The officer, afterwards, arrested all 3 men.

Issues

Have the 4th Amendment rights under the US Constitution of Terry and associates been violated?

Holding

On the street, a person can be arrested without probable cause (PC).

Rule

The practice of "stop and frisk", or a "Terry stop" is allowed in the United States.

Comments