Terry v. Ohio: Stop and Frisk Essentials
Fourth Amendment and Stop-and-Frisk
- The Fourth Amendment prohibits unreasonable searches and seizures unless justified by a warrant or a recognized exception.
- Stop-and-frisk is a recognized exception when police have reasonable suspicion that a person is involved in criminal activity and may be armed.
Terry v. Ohio (1968) – Core Holding
- The Supreme Court held that police may stop a person and briefly detain them if they have reasonable suspicion of criminal activity and that the person may be armed and dangerous.
- A limited frisk (pat-down) of the outer clothing is permissible to check for weapons when the officer has reasonable suspicion the person is armed.
- The standard is reasonable suspicion, not probable cause.
- If a weapon is discovered during a lawful frisk, it may be seized as evidence.
Reasonable Suspicion: Standard and Scope
- Reasonable suspicion requires specific, articulable facts, not a mere hunch.
- The frisk’s scope is limited to checking for weapons; further search requires additional justification.
Facts from Terry v. Ohio (McFadden’s Stop)
- Officer observed Terry and Chilton repeatedly peering into a store window, appearing to casing for a robbery.
- He approached them, questioned them, and conducted a pat-down of outer clothing.
- A pistol was felt and seized from Terry; a second pistol was later found on Chilton.
- The stop-and-frisk led to charges; the case established the constitutional basis for such police action when justified by reasonable suspicion.
Evidence Admissibility and Limits
- Weapons found during a lawful stop and frisk are admissible as evidence.
- The stop and frisk must be justified by reasonable suspicion and properly limited in scope and duration.
Key Distinctions: Reasonable Suspicion vs Probable Cause
- Reasonable suspicion = lower threshold than probable cause; sufficient to justify a stop and potential frisk for weapons.
- Probable cause = needed for full search or arrest without a warrant.