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Case Brief 6 - finding a small pistol He then sent the men...

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Christopher Jewell Jan 30, 2008 CRJ-205 Case Brief 6 I. Terry v. Ohio 392 U.S. 1 (1968) II. History: John Terry and Richard Chilton were prosecuted for carrying a concealed weapon. And Ohio trial court overruled a pretrial motion to suppress as evidence seized during the stop and frisk. They both were convicted. An intermediate court affirmed the conviction. The Ohio supreme court dismissed twerry’s Appeal. The US supreme court granted certiorari and affirmed III. Facts of the case a. Acts by government officials: Officer Mcfadden was patrolling in plain clothes in downtown Cleveland at 2:30 in the afternoon, when his attention was attracted to the two men. He saw the two men make repeated meetings between the men in front of a store. He suspected to two men were planning a heist. He then went to the men, identified he was an officer and asked for their names. After asking questions and have mumbles returned the officers spun Terry around and padded him down,
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Unformatted text preview: finding a small pistol. He then sent the men in to the store and padded down the others. Finding another weapon on Mr. Chilton. b. Objective basis: Terry was going to rob the store and was in violation of carrying a concealed weapon without a permit IV. Legal Question: Was the officer in violation of the 4 th amendment clause of unreasonable seizure a. Police Officer b. Searched Terry to gain evidence of a weapon present c. 4 th amendment of unreasonable seizure V. Opinion a. Majority Opinion: The officer observes unusual conduct which leads him to believe in light of his experience that a crime is afoot, and that the people committing the crime are armed and possibly dangerous. Based on these reasons the officer was justified on his inquiries and the search was reasonable under the 4 th amendment, and any weapon seized may be properly introduced as evidence. VI. Judgment: Affirmed...
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  • Spring '08
  • Neilson
  • Fourth Amendment to the United States Constitution, John Terry, Officer McFadden, unreasonable seizure, Christopher Jewell Jan

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