Introduction to Criminal Justice
Unit 5 Essay
The case that I chose for my essay is the case of Terry V. Ohio. In this case a detective was patrolling an area that he had patrolled for years and he observed three strangers on a street corner. He had seen them proceed back and forth along an identical route, pausing to stare in a store window, which they did for a total of about twenty four times. The detective stopped the men suspecting them of casing the store. The detective identified himself to the men as a police officer, and asked them their names. The men went about to mumble something to the officer where he had turned one man around and began patting down his outside clothing, and found a pistol in his overcoat, but was unable to remove. The officer ordered the men into the store. He removed the man’s overcoat and took out a revolver, and ordered all three men to face the wall. He patted down the other men and found another revolver on a second person. After this the men were taken to the police station.
The Amendment that applies to this case would be the Fourth Amendment which states in the Bill of Rights “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be voided, and no warrants shall issue, but upon probable cause, supported by oath and affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The case of Terry V. Ohio is a landmark case because it established that during certain circumstances that a search and seizure is not unconstitutional. If a person is looking suspicious, law enforcement has the authority to stop that person and pat them down to make sure that person isn’t carrying a weapon that can be used to harm the officer or other people, the officers do not need probable cause.
One of the most deeply rooted principles in American jurisprudence is the...