Criminal Law

03/05/2012 vile Procedure 2 prof Huguette K. Williams Case Outline criminal Procedures 2 Case: Terry v. Ohio 392 U.S. 1 88 S. Ct. 1868; 20 L. Ed. 2d 889 (1968) Facts: The case stemmed from an accident in Cleveland, Ohio, on October 31,1963. law of nature force officer Martin McFadden find terce workforce good-natured in suspicious appearance near the corner of 1276 Euclid thoroughfare and Huron Road. adept of the suspects was the defendant, John Terry. along with codefendant Richard Chilton and a 3rd man, cognise only as Katz, Terry was seen pacing in face up of a big buckstown produce in. Occasionally, the workforce would pause to confer with apiece other. More often, McFadden witnessed the manpower peering into the gunstocks scarer window. Over a point of ten to twelve minutes, the three men looked into the same inclose window approximately 24 times. Based on his fosterage as an officer and 39 years of experience on the police force, including 35 as a detective, McFadden believed that the suspects were casing the monetary fund for a robbery. Attempting to forestall a possible robbery, McFadden approached the three men and identified himself as a police officer. Not cosmos familiar with any of the suspects, McFadden asked for their names.

When the men mumbled unintelligibly in response, McFadden grabbed Terry, debauched patted down his over come out, and discovered a .38-caliber six-shooter. after(prenominal) removing the pistol from Terrys coat pocket, McFadden patted down the other two suspects, determination a nonher revolver in Chiltons overcoat. Katz was not armed. Terry and Chilton were aerated with carrying concealed weapons upshot: The starting signal swerve is whether the Fourth Amendment protects deal against unreasonable searches and seizures, and where this tower stool be applied. The second issue is whether or not the certainty that was seized can be use against the petitioner, due to the truth of the seizure. Also, whether the exclusionary traffic pattern would go into effect, based upon the facts presented by the defense as to whether or...If you indirect request to get a plenteous essay, order it on our website: Orderessay

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