Terry v. Ohio, 392 U.S. 1 (1968)

Facts

Chilton and Terry were standing on a street corner and being observed by McFadden.  Chilton and Terry would alternate walking down the street, peering in a store window, then returning to the corner.  McFadden followed the men when they left and approached them, along with Katz.  He asked for their names, then spun Terry around and patted the outside of his clothing.  The men were directed into a store, where they were searched and McFadden removed a gun from both Terry and Chilton.

Procedural History

Terry and Chilton moved to suppress the guns and the court denied the motion, stating that McFadden had reasonable cause.

Issue(s)

Did the lower courts err in finding that McFadden had reasonable cause to stop and frisk Terry, thus making it a valid search under the Fourth Amendment?

Holding(s)

No.

Reasoning/Analysis

The Court found that there must be a narrowly drawn authority to permit a reasonable search for weapons where the officer has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual.  It would be unreasonable for officers to take unnecessary risks in the performance of their duties.  McFadden confined his search strictly to what was minimally necessary to determine whether the individuals were armed and to disarm them once he discovered the weapons.  He did not conduct a general exploratory search.

Judgment/Outcome

The Court affirmed the judgment of the lower courts.