key term - Terry v. Ohio

Definition

Terry v. Ohio is a landmark Supreme Court case that established the legal standard for police stops and frisks under the Fourth Amendment. The case upheld the ability of law enforcement to conduct a brief, investigative stop and frisk of a person based on reasonable suspicion of criminal activity, even without probable cause for an arrest.

5 Must Know Facts For Your Next Test

1. The Terry v. Ohio case arose in 1968 when a police officer observed two men acting suspiciously and conducted a pat-down search, finding concealed weapons.
2. The Supreme Court ruled that the officer's actions were justified under the Fourth Amendment, establishing the 'stop and frisk' doctrine.
3. The Court held that police can conduct a brief, investigative stop and frisk if they have reasonable suspicion of criminal activity, even without probable cause for an arrest.
4. Terry v. Ohio balanced the government's interest in effective crime prevention and detection against an individual's right to personal security and privacy.
5. The decision expanded police authority to conduct limited searches for weapons, while still requiring some level of individualized suspicion to justify the intrusion.

Review Questions

• Explain how the Terry v. Ohio decision impacted the rights of suspects under the Fourth Amendment.
  • The Terry v. Ohio decision created an exception to the Fourth Amendment's probable cause requirement, allowing police to conduct a brief, investigative stop and frisk of a person based on reasonable suspicion of criminal activity. This expanded police authority to conduct limited searches for weapons, while still requiring some level of individualized suspicion to justify the intrusion on an individual's right to personal security and privacy. The ruling balanced the government's interest in effective crime prevention and detection against the individual's Fourth Amendment rights.
• Describe the legal standard of 'reasonable suspicion' established in Terry v. Ohio and how it differs from the 'probable cause' requirement.
  • The Terry v. Ohio decision established the legal standard of 'reasonable suspicion,' which allows police to briefly detain and frisk a person if they have a reasonable and articulable suspicion that the person is involved in criminal activity. This is a lower threshold than the 'probable cause' requirement, which is the higher legal standard needed for a full search or arrest. Probable cause is based on facts and circumstances that would lead a reasonable person to believe a crime has been or is being committed, while reasonable suspicion only requires that the officer can point to specific and articulable facts that, taken together with rational inferences, reasonably warrant the intrusion of a brief investigative stop and frisk.
• Analyze how the Terry v. Ohio decision balanced the government's interest in effective crime prevention and detection against an individual's Fourth Amendment rights.
  • The Terry v. Ohio decision sought to balance the government's interest in effective crime prevention and detection against an individual's Fourth Amendment rights. On one hand, the Court recognized the important role of police in addressing criminal activity and the need for them to have the ability to conduct limited investigative stops and frisks based on reasonable suspicion. This expanded police authority was seen as necessary for effective law enforcement and public safety. On the other hand, the Court was also cognizant of the significant intrusion on individual privacy and security that a stop and frisk represents, even if it is less than a full-blown arrest or search. By requiring reasonable suspicion, the Court aimed to provide a safeguard against arbitrary or unjustified police action, while still giving law enforcement a tool to address potential threats. This delicate balance reflects the Court's attempt to uphold both the government's interest in public safety and the individual's Fourth Amendment rights.

Related terms

Fourth Amendment:

The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures by the government, requiring warrants based on probable cause.

Reasonable Suspicion: The legal standard that allows police to briefly detain and frisk a person if they have a reasonable and articulable suspicion that the person is involved in criminal activity.

Probable Cause:

The higher legal standard required for a full search or arrest, based on facts and circumstances that would lead a reasonable person to believe a crime has been or is being committed.