| Court: |
US Supreme Court |
|
| Facts: |
Officer McFadden sees Terry, Chilton, and Zucker walking around
suspiciously. He stops them, frisks them, ooop... gun. |
|
| Posture: |
Gun was admitted at trial. OH Supreme Court dismisses the
appeal, saying that no substantial constitutional
question was involved. |
|
| Issue: |
Does admitting the gun violate Terry's rights under the Fourth
Amendment (made applicable to the states by the Fourteenth)? |
|
| Holding: |
No. Affirmed. |
|
| Rule: |
Several:
- It is a seizure if the officer has, by force or show of authority,
restrained the liberty of a citizen.
- The scope of a search must be strictly tied to, and justified by,
the circumstances which made it permissible.
- Specific and articulable facts are required.
-
|
|
| Reasoning: |
It would be unreasonable to deny that this was a seizure. It
would also be unreasonable to require police to take
giant risks in their jobs. So this rule is a balance
between those interests. |
|
| Dicta: |
People aren't compelled to answer questions; failure to answer
is not grounds for arrest. |