" (392 U.S. 1, 88 S.Ct. 1968). The Court adopted the notion that Officer McFadden was protecting himself and others and found that there was probable cause to search the suspects. They "concede the officer's right to conduct a search" incident to the arrest and when, in his considered opinion, he was certain that the men were going to commit a crime. Only Justice Douglas dissented, saying that he could not

Within the domain of criminal law, Amendment IV’s safeguards with regard to searches and confiscations cover: Law enforcers’ physical capture or "seizure" of individuals, using stops or arrests;  And law enforcers’ inspections of articles and places wherein citizens lawfully expect their privacy to be respected (such as their person, homes, temporary lodgings (e.g., hotel rooms), offices, clothes, bags,cars, etc. (Search and Seizure and the Fourth Amendment – FindLaw). Amendment IV offers safeguards

Terry v. Ohio case, providing information on the concerned parties, case facts, previous proceedings, arguments and issues, court decision and rationale for the decision. Parties Involved The People of the State of Ohio and John W. Terry Facts Martin Mcfadden, a law enforcement official, saw the complainant engaged in a long, serious conversation with a second man, on a quiet street corner whilst constantly pacing along the street and looking into one of the

Terry vs. Ohio Terry Vs Ohio The issue of what constitutes a violation of the fourth amendment forms the basis of the argument in the case of Terry vs. Ohio. In this case the petitioner Terry was stopped and frisked by the officer on the streets. A brief description of the situation is as follows. Detective McFadden was walking his beat when he observed two individuals who in his opinion were "casing"

The officer stopped and searched the three men, and recovered arms from two of them. Terry was found guilty of having covered arms and was send to prison for three years. Is the investigation and confiscation of Terry and other men against the Fourth Amendment? The Court in an 8-to-1 decision held that the investigation done by the officer was sensible under the Fourth Amendments and that the arms

Supreme Court Bill of Rights Case Terry v. Ohio introduce the Terry frisk into police procedure, allowing officers to have the right to stop and frisk or do a surface search of individuals on the street even without probable cause. All the officer would need would be to have a reasonable suspicion that the person being searched had committed, was about to commit or was in the act of committing a