Terry Vs Ohio

Question 0

Issues

Answer 0

1. Whether the detective action amounted to a seizure?

2. Whether the detective actions to melted a search?

Question 1

Facts of the case

Answer 1

Detective McFadden have been a police officer for 39 years. Ofc. McFadden testified that he suspected the men were casing a job, a stick up. He feared they may have a gun. Ofc. McFadden grab the defendant. Patted down outside of clothing felt a pistol. Government charge the defendant with carrying concealed weapon.

Question 2

Held

Answer 2

1. Yes detective McFadden seized the defendant when he grabbed him.
2. Yes detective McFadden search the defendant when he put his hands on the defendants person.

Question 3

Discussion

Answer 3

Constitution only prohibits unreasonable search and seizures. In justifying any particular intrusion the government must be able to point to specific and articulable facts. The court acknowledged that limited intrusions based on articulated reasonable suspicion can be reasonable.