Terry V Ohio Court Case Essay

Total Length: 1124 words ( 4 double-spaced pages)

Total Sources: 5

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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 to citizens in matters related to investigations and arrests, and forbids the utilization of articles seized without authority as court-room evidence (Search and Seizure and the Fourth Amendment – FindLaw). How much protection a citizen enjoys in any given instance is dependent on apprehension nature, searched location characteristics, and circumstances of search. However, for stopping or keeping any citizen in custody, law enforcement officials need to have satisfactory suspicion (in other words, impartial, soundgrounds to believe the apprehended individual was potentially embroiled in some wrongdoing) (What’s the Difference Between an Arrest and a Detention? ). This differs from an all-out arrest involving handcuffs and publicly transporting the suspected individual to the police station. Officials are allowed to detain people using only probable cause or an official warrant.



The defendant’s party made a move to suppress evidence. While the prosecution’s declaration that the weapons were confiscated in the course of a lawful search and seizure operation was discarded at court, the court also disallowed the appeal for weapon suppression, allowing them to be presented as proof, owing to the law enforcement officer’s just cause to suspect Chilton and the petitioner were up to no good. Hence, quizzing the suspects was justified, and to guarantee his personal protection, the official was entitled to patting down their external clothes under the reasonable suspicion that the two may be bearing arms (Terry v. Ohio | US Law | LII / Legal Information Institute).
Investigatory "stops" were differentiated from detentions, as were superficial "frisks" for any weapon from a complete inspection for criminal evidence. Hence, the above reasoning and my personal perusal of the case lead me to concur with the court’s ruling. Amendment IV safeguards against unfair searches, confiscations and detentions, applied to States using Amendment XIV, provides protection to individuals and not places. Hence, it is just as applicable to pedestrians on the road as individuals in their homes or other places.



The phrase “reasonable suspicion” involves suspecting an individual to have engaged in wrongdoing, or his/her potential to engage in wrongdoing in the future, on the basis of certain situations and information. It can help vindicate investigatory stops. Reasonable suspicion isn’t simply a gut feeling that an individual has perpetrated crime; however, it demands for fairly less evidence as compared to probable cause. If an individual, for instance, had on his person articles (say, a wire hanger) which can help….....

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References

Bandler. "5 Things You Need to Know About 'Stop-And-Frisk' | Daily Wire." Daily Wire. Web. 10 Feb 2017. <http://www.dailywire.com/news/9390/5-things-you-need-know-about-stop-and-frisk-aaron-bandler>.

"Reasonable Suspicion v. Probable Cause | TheZoo." TheZoo | Every man must decide whether he will walk in the light of creative altruism or in the darkness of destructive selfishness. ~Martin Luther King, Jr. Web. 10 Feb 2017. <http://tpzoo.wordpress.com/2010/04/29/reasonable-suspicion-v-probable-cause/>.

"Search and Seizure and the Fourth Amendment - FindLaw." Criminal Law - FindLaw. Web. 10 Feb 2017. <http://criminal.findlaw.com/criminal-rights/search-and-seizure-and-the-fourth-amendment.html>.

"STATE OF TENNESSEE v. GUY ALVIN WILLIAMSON." Home | Tennessee Administrative Office of the Courts. 2012. Web. 10 Feb 2017. <http://tncourts.gov/sites/default/files/williamsonguyopn_0.pdf>.

"Terry v. Ohio | US Law | LII / Legal Information Institute." LII / Legal Information Institute. Web. 10 Feb 2017. <http://www.law.cornell.edu/supremecourt/text/392/1>.

"What’s the Difference Between an Arrest and a Detention? | Nolo.com." Lawyers, Legal Forms, Law Books & Software, Free Legal Information - Nolo.com. Web. 10 Feb 2017. <http://www.nolo.com/legal-encyclopedia/what-s-the-difference-between-arrest-detention-stop-frisk.html>.

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