Terry stop

A Terry stop, also known as a Terry v. Ohio stop and frisk, is a law enforcement technique used in the United States to temporarily detain and search individuals based on reasonable suspicion of criminal activity. This technique is named after the landmark Supreme Court case Terry v. Ohio in 1968, which established the legal framework for such stops.

Background

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. However, the Supreme Court recognized in Terry v. Ohio that law enforcement officers may conduct brief stops and limited searches without a warrant if they have reasonable suspicion that a person is involved in criminal activity.

Legal Basis

The legal basis for a Terry stop is the Fourth Amendment, which prohibits unreasonable searches and seizures. The Court in Terry v. Ohio held that a brief stop and frisk is permissible if the officer has reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Reasonable suspicion is a lower standard than probable cause, which is required for a full search or arrest.

Procedure

During a Terry stop, a law enforcement officer may briefly detain an individual and conduct a limited pat-down search of their outer clothing for weapons. The purpose of the search is to ensure officer safety. If the officer feels an object that could be a weapon, they may seize it. However, if during the pat-down search the officer feels an object that is immediately identifiable as contraband, such as drugs, they may also seize it.

Reasonable Suspicion

Reasonable suspicion is an objective standard that requires specific and articulable facts that would lead a reasonable officer to believe that criminal activity is afoot. It is less demanding than probable cause but must be more than a mere hunch. Factors that may contribute to reasonable suspicion include the person's behavior, the officer's training and experience, and information received from reliable sources.

Controversies

The use of Terry stops has been the subject of controversy and criticism. Critics argue that the technique disproportionately targets minority communities and can lead to racial profiling. They also argue that the standard of reasonable suspicion is too vague and subjective, allowing for arbitrary stops and searches.

Legal Challenges

Over the years, there have been numerous legal challenges to the use of Terry stops. Courts have clarified and refined the legal standards for reasonable suspicion and the scope of permissible searches during a Terry stop. These challenges have helped establish guidelines to ensure that Terry stops are conducted in a manner consistent with the Fourth Amendment.

See Also

• Fourth Amendment to the United States Constitution
• Search and seizure
• Probable cause
• Racial profiling