Citation392 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. ...
Search Results
Terry v. Ohio
CitationTerry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889, 1968 U.S. LEXIS 1345, 44 Ohio Op. 2d 383 (U.S. June 10, 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 p ...
Terry v. Ohio
Citation392 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. ...
Michigan v. Long
Citation463 U.S. 1032 (1983) Brief Fact Summary. Long, the respondent, was convicted for possession of marijuana found by police in the passenger compartment of his automobile he was driving during weapons search under Terry, which held that police may validly search for weapons in the absence of probable cause to arrest. Synopsis of Rule of Law. When a state court decision fairly appears to rest primarily on federal law, and when the adequacy and independence of any possible state law ground is not clear from the face of the opinion, the Suprem ...
United States v. Duty
Citation204 Fed.Appx. 236 (2006) Brief Fact Summary. Defendant appeals a conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Synopsis of Rule of Law. For purposes of the Fourth Amendment, an individual is “seized” when, under the totality of the circumstances, a reasonable person in the position of the individual would believe that he was not free to leave. Facts. Richmond, Virginia police officer Winston was patrolling a portion of the city managed by the Richmond Redevelopment and Housing Authority and restricted only to residents and guests. Wi ...
Michigan v. Long
Citation22 Ill.463 U.S. 1032, 103 S. Ct. 3469, 77 L. Ed. 2d 1201 (1983) Brief Fact Summary. David Long was convicted for possession of marijuana found by police in the passenger compartment and trunk of the automobile that he was driving. Long filed a motion to suppress the marijuana taken from his vehicle. Synopsis of Rule of Law. If there is not a plain statement that a lower state court’s decision rests upon adequate and independent state grounds and when the state appears to have rested its decision primarily on federal law, the Supreme Court will assume that the decision is in ...
Hayes v. Florida
Citation470 U.S. 811, 105 S. Ct. 1643, 84 L. Ed. 2d 705 (1985) Brief Fact Summary. The police brought a suspect to the station and took his fingerprints without having probable cause until after his fingerprints were taken. Synopsis of Rule of Law. An individual cannot be brought to a police station and fingerprinted without probable cause and a warrant. ...
Brown v. Texas
Citation443 U.S. 447 Brief Fact Summary. A police officer, without any knowledge an individual was engaged in any legality, requested that the individual stop in an ally because he “looked suspicious”. The individual refused to identify himself. ...
Adams v. Williams
Citation407 U.S. 143, 92 S. Ct. 1921, 32 L. Ed. 2d 612 (1972) Brief Fact Summary. Robert Williams (the “Respondent”) was convicted in Connecticut state court for illegal possession of a handgun found during a “stop and frisk” and heroin found during a search incident to this weapons arrest. Synopsis of Rule of Law. Reasonable cause for a stop and frisk can be based on more than the officer’s personal observation, but also on information supplied by another person. ...
Illinois v. Wardlow
Citation528 U.S. 119, 120 S. Ct. 673, 145 L. Ed. 2d 570 (2000) Brief Fact Summary. An individual was arrested after fleeing from police officers in a known narcotics trafficking area. Synopsis of Rule of Law. The arresting officer “was justified in suspecting that [the suspect] was involved in criminal activity, and, therefore in investigating further.” ...
Atwater v. City of Lago Vista
CitationAtwater v. City of Lago Vista, 532 U.S. 318, 121 S. Ct. 1536, 149 L. Ed. 2d 549, 2001 U.S. LEXIS 3366, 69 U.S.L.W. 4262, 2001 Cal. Daily Op. Service 3203, 2001 Daily Journal DAR 3953, 2001 Colo. J. C.A.R. 2069, 14 Fla. L. Weekly Fed. S 193 (U.S. Apr. 24, 2001) Brief Fact Summary. A mother was taken into custody for violation of Texas’ strict seatbelt law. She subsequently sued for Fourth Amendment violations. Synopsis of Rule of Law. “The standard of probable cause ‘applies to all arrests, without the need to balance the interests and circumstances involved in part ...
Atwater v. City of Lago Vista
CitationAtwater v. City of Lago Vista, 532 U.S. 318, 121 S. Ct. 1536, 149 L. Ed. 2d 549, 2001 U.S. LEXIS 3366, 69 U.S.L.W. 4262, 2001 Cal. Daily Op. Service 3203, 2001 Daily Journal DAR 3953, 2001 Colo. J. C.A.R. 2069, 14 Fla. L. Weekly Fed. S 193 (U.S. Apr. 24, 2001) Brief Fact Summary. A mother was taken into custody for violation of Texas’ strict seatbelt law. She subsequently sued for Fourth Amendment violations. Synopsis of Rule of Law. “The standard of probable cause ‘applies to all arrests, without the need to balance the interests and circumstances involved in part ...
Florida v. J.L
CitationFlorida v. J. L., 1999 U.S. LEXIS 7378, 528 U.S. 963, 120 S. Ct. 395, 145 L. Ed. 2d 308, 68 U.S.L.W. 3289, 99 Cal. Daily Op. Service 8750, 99 Daily Journal DAR 11173 (U.S. Nov. 1, 1999) Brief Fact Summary. Based on an anonymous tip that a black male in a plaid shirt was standing at a bus stop armed, police stopped and frisked J.L. Synopsis of Rule of Law. “An anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer’s stop and frisk of that person.” ...
Florida v. J.L
CitationFla. v. J.L., 529 U.S. 266, 120 S. Ct. 1375, 146 L. Ed. 2d 254, 2000 U.S. LEXIS 2345, 68 U.S.L.W. 4236, 2000 Cal. Daily Op. Service 2409, 2000 Daily Journal DAR 3226, 2000 Colo. J. C.A.R. 1642, 13 Fla. L. Weekly Fed. S 216 (U.S. Mar. 28, 2000) Brief Fact Summary. Based on an anonymous tip that a black male in a plaid shirt was standing at a bus stop armed, police stopped and frisked J.L. Synopsis of Rule of Law. “An anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer’s stop and frisk of that person.” ...
Atwater v. City of Lago Vista
CitationAtwater v. City of Lago Vista, 533 U.S. 924, 2001 U.S. LEXIS 4515, 121 S. Ct. 2540, 150 L. Ed. 2d 709, 69 U.S.L.W. 3780 (U.S. June 18, 2001) Brief Fact Summary. A mother was taken into custody for violation of Texas’ strict seatbelt law. She subsequently sued for Fourth Amendment violations. Synopsis of Rule of Law. “The standard of probable cause ‘applies to all arrests, without the need to balance the interests and circumstances involved in particular situations.'” ...