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Terry V Ohio Caroline Thornburg Pd 6

Who was involved in this case? John W Terry, Richard Chilton, Martin McFadden, and Louis Strokes.

What were Terry and Chilton fighting against? Terry and Chilton were charged with the illegal possession of a concealed weapon.

What part of the Constitution was used to argue this case? The 4th amendment, which prevents unlawful search and seizures, this means that without a warrant you may not search a person, house, car, office, ect.

Where did the original case take place? The original case was heard in Cleveland, Ohio at the Court of Common Pleas of Cuyahoga County in 1964.

Summary of events leading up to arrest: Terry and Chilton were seen walking around the same block nearly 24 times by an off duty, out of uniform, police officer, Martin McFadden. On occasion the two men were seen pausing in front of a jewelry store and accompanied my a third, unnamed man who fled when the police arrived and was later brought in to the police station along with Terry and Chilton. After McFadden saw what he thought were the men "casing out the joint" with the intention to rob the store, he stopped the men, identified himself as a police officer and asked their names. When the men responded in a mumble, McFadden felt the response suspicious and told the men to put their hands behind their heads and spread their legs. As McFadden continued his search of the men by patting them down, he found a concealed weapon on both Terry and Chilton. McFadden took both men into the station and had them arrested. He had not premeditated the arrest, had no warrant, and had no probable cause other than a few men who were seen walking around a block multiple times and some mumbles.

What was the verdict of the original court case? The original verdict was reached at the Court of Common Pleas of Cuyahoga County. Both men plead "Not Guilty" to the possession of a concealed weapon in a public area. The verdict read that the men were guilty.

How did this case make it to the United States Supreme Court? The first court that heard this case was the Court of Common Pleas of Cuyahoga County in 1964. Terry appealed his case and went to the Ohio Court of Appeals (1966), Ohio Supreme Court (1966), the United States Supreme Court (1968). All read Guilty verdicts.

What was the question asked of the Supreme Court? May an officer detain an individual on the street without probable cause and conduct a limited search to find a possible weapon. The justices voted in agreement.

The Justices: Earl Warren was a Republican until 1962 and then transitioned to a Democrat, he was a Supreme Court justice from 1953-1963. Democrat Hugo Black served from 1937-1971. Democrat Justice William Douglas was the only justice who voted in favor of Mr. Terry, Douglas was a US Supreme justice from 1939-1975. Republican John Harlan was a justice years 1955 to 1971. Democrat William Brennan was in judicial office from 1956-1999. Democrat Justice Thurgood Marshall was a United States Supreme Court Justice from 1967 to 1991. Democrat Abraham "Abe" Fortas was a Justice for only 4 years, 1965-1969. Republican Justice Potter Stewart served from 1958-1981. Lastly, Democrat Justice Byron White served from 1962-1993.

https://soundcloud.com/policingmatters/how-terry-v-ohio-became-stop-and-frisk

https://cdn.loc.gov/service/ll/usrep/usrep392/usrep392001/usrep392001.pdf This is the link to the Supreme court case transcribed.

This is the original police report from the initial arrest signed by Martin McFadden, the arresting officer.