Thursday, February 9, 2012

Terry v. Ohio, 392 U.S. 1, June 10, 1968


D E C I S I O N

WARREN, C.J.:

I.      THE FACTS

Cleveland, Ohio detective McFadden was on a downtown beat that he had been patrolling for many years when he observed two strangers (Terry and another man, Chilton) at a street corner. He saw them proceed alternately back and forth along an identical route, pausing to stare in the same store window, which they did for a total of about 24 times. Each completion of the route was followed by a conference between the two on a corner, at one of which they were joined by a third man (Katz) who thereafter left swiftly. 

Suspecting the two men of ‘casing a job, a stick-up’, the officer followed them and saw them rejoin the third man a couple of blocks away in front of a store. The officer approached the three, identified himself as a policeman, and asked their names. The men mumbled something, whereupon McFadden spun Terry around, patted down his outside clothing, and felt in his overcoat pocket – but was unable to remove – a pistol. He removed Terry’s overcoat, took out a revolver, and ordered the three to face the wall with their hands raised. He patted down the outer clothing of Chilton and Katz and seized a revolver from Chilton’s outside overcoat pocket. He did not put his hands under the outer garments of Katz (since he discovered nothing in his pat-down which might have been a weapon), or under Terry’s or Chilton’s outer garments until he felt the guns.

Terry and Chilton were charged with carrying concealed weapons. The defense moved to suppress the weapons, which was denied by the trial court. Terry eventually went to the U.S. Supreme Court to question the admissibility of the gun and his resulting conviction.


II.    THE ISSUE

Was the gun seized from Terry admissible in evidence against him and thus his conviction of carrying concealed weapon was proper?


III.   THE RULING

[The U.S. Supreme Court voted 8-1 to AFFIRM Terry’s conviction of carrying a concealed weapon.]

YES, the gun seized from Terry was admissible in evidence against him; thus, his conviction of carrying concealed weapon was proper.

First, in assessing the reasonableness of stop-and-frisk as a valid form of warrantless search, the U.S. Supreme Court held:

The crux of this case, however, is not the propriety of Officer McFadden’s taking steps to investigate [Terry’s] suspicious behavior, but rather, whether there was justification for McFadden’s invasion of Terry's personal security by searching him for weapons in the course of that investigation. We are now concerned with more than the governmental interest in investigating crime; in addition, there is the more immediate interest of the police officer in taking steps to assure himself that the person with whom he is dealing is not armed with a weapon that could unexpectedly and fatally be used against him. Certainly it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties. xxx

xxx [W]e cannot blind ourselves to the need for law enforcement officers to protect themselves and other prospective victims of violence in situations where they may lack probable cause for an arrest. When an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is armed and presently dangerous to the officer or to others, it would appear to be clearly unreasonable to deny the officer the power to take necessary measures to determine whether the person is in fact carrying a weapon and to neutralize the threat of physical harm.

xxx                   xxx                   xxx

xxx. A search for weapons in the absence of probable cause to arrest, however, must, like any other search, be strictly circumscribed by the exigencies which justify its initiation. Thus it must be limited to that which is necessary for the discovery of weapons which might be used to harm the officer or others nearby, and may realistically be characterized as something less than a full search, even though it remains a serious intrusion.

Next, on the distinction between protective search for weapons under stop-and-frisk on one hand, and arrest (and the search incidental thereof) on the other hand, it was declared:

An arrest is a wholly different kind of intrusion upon individual freedom from a limited search for weapons, and the interests each is designed to serve are likewise quite different. An arrest is the initial stage of a criminal prosecution. It is intended to vindicate society's interest in having its laws obeyed, and it is inevitably accompanied by future interference with the individual’s freedom of movement, whether or not trial or conviction ultimately follows. The protective search for weapons, on the other hand, constitutes a brief, though far from inconsiderable, intrusion upon the sanctity of the person. It does not follow that because an officer may lawfully arrest a person only when he is apprised of facts sufficient to warrant a belief that the person has committed or is committing a crime, the officer is equally unjustified, absent that kind of evidence, in making any intrusions short of an arrest. Moreover, a perfectly reasonable apprehension of danger may arise long before the officer is possessed of adequate information to justify taking a person into custody for the purpose of prosecuting him for a crime. Petitioner’s reliance on cases which have worked out standards of reasonableness with regard to seizures constituting arrests and searches incident thereto is thus misplaced. It assumes that the interests sought to be vindicated and the invasions of personal security may be equated in the two cases, and thereby ignores a vital aspect of the analysis of the reasonableness of particular types of conduct under the [right against unreasonable search and seizure].

Our evaluation of the proper balance that has to be struck in this type of case leads us to conclude that there must be a narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.

xxx                   xxx                   xxx

xxx [The protective search for weapons under stop-and-frisk], unlike a search without a warrant incident to a lawful arrest, is not justified by any need to prevent the disappearance or destruction of evidence of crime. The sole justification of the search in the present situation is the protection of the police officer and others nearby, and it must therefore be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer.” (Emphasis supplied)

Revolver seized from Terry admissible in evidence

The U.S. Supreme Court concluded that the revolver seized from Terry was properly admitted in evidence against him, thus:

“xxx. At the time he seized [Terry] and searched him for weapons, Officer McFadden had reasonable grounds to believe that petitioner was armed and dangerous, and it was necessary for the protection of himself and others to take swift measures to discover the true facts and neutralize the threat of harm if it materialized. The policeman carefully restricted his search to what was appropriate to the discovery of the particular items which he sought. Each case of this sort will, of course, have to be decided on its own facts. We merely hold today that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others’ safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him. Such a search is a reasonable search under the [contest of the constitutional right against unreasonable search and seizure], and any weapons seized may properly be introduced in evidence against the person from whom they were taken.” (Emphasis supplied)

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