Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

Terry v. Ohio

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Criminal Procedure keyed to Saltzburg

View this case and other resources at:
Bloomberg Law

Citation. 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)

Brief Fact Summary. The Petitioner, John W. Terry (the “Petitioner”), was stopped and searched by an officer after the officer observed the Petitioner seemingly casing a store for a potential robbery. The officer approached the Petitioner for questioning and decided to search him first.

Synopsis of Rule of Law. An officer may perform a search for weapons without a warrant, even without probable cause, when the officer reasonably believes that the person may be armed and dangerous.


Facts. The officer noticed the Petitioner talking with another individual on a street corner while repeatedly walking up and down the same street. The men would periodically peer into a store window and then talk some more. The men also spoke to a third man whom they eventually followed up the street. The officer believed that the Petitioner and the other men were “casing” a store for a potential robbery. The officer decided to approach the men for questioning, and given the nature of the behavior the officer decided to perform a quick search of the men before questioning. A quick frisking of the Petitioner produced a concealed weapon and the Petitioner was charged with carrying a concealed weapon.

Issue. Whether a search for weapons without probable cause for arrest is an unreasonable search under the Fourth Amendment to the United States Constitution (“Constitution”)?

Create New Group

Casebriefs is concerned with your security, please complete the following