Description
Explain how the 4th Amendment is practically applied to protect the individual and/or society as a whole. Provide your personal opinion on the relative strength and/or weakness of this constitutional issue moving forward in the 21st century.
Terry v. Ohio
Explanation & Answer
Attached.
U. S. Supreme Court Bill of Rights
1
Bill of Rights
Jasmine Anderson
CRJ514
John Fisher
March 19, 2018
U. S. Supreme Court Bill of Rights
Bill of Rights
Facts:
Officer McFadden, while in civilians, observed Terry and two other men in what he
thought was "casing a job," a stick-up." Afterward, they were ceased and searched by the officer,
and two of them were found to have weapons on them. Terry was sentenced to three years for
carrying a concealed firearm.
Issue:
Was the search and seizure infringing upon the Fifth Amendment?
Holding: The court said that the search was irrational under the Fourth Amendment and that the
weapons seized could be presented in court as evidence against Terry.
Reasoning:
The officer pursued the men due to a "hunch" after observing them. An officer feeling the
outside of one's clothing is "searching" within the meaning of the Fourth Amendment, and
temporarily detaining someone is a "seizure."
Conclusion:
The Court found that the inquiries attempted were restricted in degree and intended to
secure the officer's we...
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