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.