4.2: Terry v. Ohio
PETITIONER RESPONDENT
Terry Ohio
LOCATION
Street Corner
DOCKET NO. DECIDED BY
67 Warren Court
CITATION
392 US 1 (1968)
ARGUED
Dec 12, 1967
DECIDED
Jun 10, 1968
Facts of the case
Terry and two other men were observed by a plain clothes policeman in what the officer believed to be "casing a job, a stick-up." The officer stopped and frisked the three men, and found weapons on two of them. Terry was convicted of carrying a concealed weapon and sentenced to three years in jail.
Question
Was the search and seizure of Terry and the other men in violation of the Fourth Amendment?
Conclusion
8–1 DECISION
MAJORITY OPINION BY EARL WARREN
|
FOR |
AGAINST |
|---|---|
|
Fortas Warren Brennan Marshall Stewart Black White Harlan |
Douglas |
In an 8-to-1 decision, the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. Attempting to focus narrowly on the facts of this particular case, the Court found that the officer acted on more than a "hunch" and that "a reasonably prudent man would have been warranted in believing [Terry] was armed and thus presented a threat to the officer's safety while he was investigating his suspicious behavior." The Court found that the searches undertaken were limited in scope and designed to protect the officer's safety incident to the investigation.