Cases


Terry v. Ohio

Terry v. Ohio

Share
Terry v. OhioThe Background of Terry v. Ohio (1968)
Martin McFadden, who was a police officer in the State of Ohio’s Cleveland Division, had noticed that two individuals appeared to be acting in a nature perceived as suspicious by McFadden. Upon observing the two individuals from his patrol car, McFadden had noticed that the two men appeared to be planning some nature of criminal activity; the two men were reported to be pacing and periodically peering into the window of a storefront – in the interim, the two would return to each other and engage in a discussion. McFadden approached the two men and identified himself as a police officer, ushering them into a nearby store; subsequent to this, he undertook a ‘frisk’ of the two men; a frisk is defined as the patting or feeling of the garments donned by an individual under the suspicion of the concealment of contraband on that individual’s person. McFadden’s frisk rendered the discovery of a handgun, and the individuals were apprehended on charges of carrying concealed firearms:
The defense of the arrestee – John W. Terry – claimed that Officer McFadden lack sufficient probable cause, which is the legal instrument in which a law enforcement agent retains the right to search personal, private property belonging to an individual
Due process is defined as the government’s obligation to respect, maintain, and uphold the legal rights of its citizen in the event of an arrest; government officials must retain an individual’s human rights and liberties – this includes fair, respectful, and ethical treatment devoid of undue damage or harm
The Case Profile of Terry v. Ohio
The following is a case profile of the legal trial eponymously titled ‘Terry v. Ohio’:
Date of the Trial: December 12th, 1967
Legal Classification: Administrative Law; this legal field regulates ‘due process’, which is defined as the government’s obligation to respect, maintain, and uphold the legal rights of its citizens in the event of an arrest. Both the Federal and State government must preserve and protect an individual’s human rights and liberties; this includes fair, respectful, and ethical treatment devoid of undue violence and harm
Accused Criminal Activity: The following criminal activity and charges were cited by John W. Terry against the State of Ohio within the appeal brought forth subsequent to the initial ruling:
John Terry claimed that his arrest was the result of an invasion of privacy implemented through the violation of his 4th Amendment rights protecting him – as well as every citizen of the United States – from unlawful searches and seizures conducted by law enforcement agents
United States Reports Case Number: 392 U.S. 1
Date of the Delivery of the Verdict: June 10th, 1968
Legal Venue of Terry v. Ohio: The Supreme Court of the United States
Judicial Officer Responsible for Ruling: Chief Justice Earl Warren
Involved Parties: The following are the parties named with regard to their involvement in the Terry v. Ohio case:
John W. Terry; Plaintiff – Terry v. Ohio
The State of Ohio; Defendant - Terry v. Ohio
Verdict Delivered: The Supreme Court ruled in favor of the State of Ohio, mandating that McFadden’s search was prompted by reasonable and verifiable suspicion, defined as a probable cause rooted in suspicion and concern for the public well-being, as well as the protection and preservation of public safety from potential criminal activity
Associated Legislation with regard to Terry v. Ohio: The following statutory regulations were employed with regard to the Terry v. Ohio trial:
The 4th Amendment prohibits the unlawful search and seizure of resident belonging to citizens of the United States of America; this amendment also defines the rights of privacy awarded to citizens of the United States

Comments

comments

Share

Related Articles


Read previous post:
The Arrests and Deportation in the Palmer Raids

Close