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Defending Majority Decision of Terry V. Ohio

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Defending Majority Decision of Terry v. Ohio

Defending Majority Decision of Terry v. Ohio Terry v. Ohio is a landmark supreme court case that started on October 31st, 1963, in Cleveland Ohio, when police officer Martin McFadden observed three men engaging in suspicious behavior. At first two men, John W. Terry and Richard Chilton, were taking turns pacing up and down Euclid Avenue, stopping to peer into a storefront, then congregating at the street corner. Later, a third party (Katz), met the two at the corner then left abruptly after a brief conversation. Officer McFadden confronted the three men, searched their outer garments under the suspicion of criminal intent and found a pistol on Terry and a pistol on Chilton. Terry’s defense argued at trial the gun found on Terry was inadmissible as evidence. His defense states that his 4th amendment right to protection from unreasonable search and seizures was violated. The Supreme Court of Ohio dismissed their appeal on the ground that no “substantial constitutional question” was involved. The 4th Amendment protects U.S. citizens against arbitrary arrests. Furthermore, the 4th Amendment is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps and other forms of surveillance, as well as being central to privacy laws and many other criminal law topics. In the case of Terry v. Ohio, the officer had reasonable suspicion that the men were preparing to rob or steal from the stores; therefore, he had the right to detain and frisk the men, or “Terry Frisk” as it has been later named as a result of the supreme court ruling.

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