Terry v. Ohio was not much of a controversial case to many but I believe that John Terry had been wrongly accused and his right were protected by the 4th amendment that mentions unreasonable search and seizure. In 1968 detective Mcfadden had been observing 3 men that he believed were involved in robbing a bank. He proceeded to stop the men and pat them down (already violating the men's rights protected in the 4th amendment). Terry was one of the two men that was found with a concealed carry. The justices voted on the case 8-1 in the favor of the state of Ohio. I believe that Terry's rights should have been protected by by the 4th amendment.When detective mcfadden was suspicious of the 3 men he should have gotten a search warrant and then proceeded …show more content…
On the other hand the 8 justices who were lead by chief justice warren believed that detective mcfadden had reason to believe that the the 3 men could have been involved in the bank robbery. Whether he had reason to believe or not, detective mcfadden still proceeded to search the men without a warrant and completely disregarded their rights. The 8 justices that ruled in favor of Ohio said that the detective acted on more of a hunch or that he was in a bind. In my eyes this is not an excuse to disregard the 4th amendment. If detective mcfadden would have gotten a search warrant and then search the man it would not have been an argument at all because he a legal document stating that he had the right to search the men. Detective mcfadden had no legal reason to believe that the men had anything to do with the bank robbery besides the fact that they man have looked out of place. Detective mcfadden had violated the 4th amendment from my perspective and should have been held responsible for …show more content…
I believe this case should have at least been sent back by an appeal court and tried again. The state of ohio should have lost the case because it was unreasonable to search a man that was walking around a street corner and immediately pat him down and use illegal evidence in the case. Chief justice warren should have seen the fact that detective mcfadden knew he was going to be on that stake out and he should have recognized that he needed to go get a search warrant just in case he needed to search the men. Detective mcfadden was out of line in my eyes by searching the men without a warrant from a judge. If he would have gotten a warrant i would be completely in agreement with him and the 8 justices that ruled in favor of detective mcfadden, knowing that he in fact did not have any legal reasoning to search the men makes it hard for me to agree with the justices that ruled in his favor. I believe this case should have been taken into consideration in the fact that detective mcfadden was planning on going on the stake out well before he actually did, this giving him time to get a search warrant. The excuse that detective mcfadden was in a hunch was completely ridiculous because he was definitely not in a hunch he had plenty of time to obtained a search warrant from a judge and make sure that the search did not violate the men's 4th
Terry v. Ohio and Minnesota v. Dickerson are two cases that had a significant impact on search and seizures conducted by law enforcement. In Terry v. Ohio, a Cleveland detective working a routine patrol encountered two strangers acting suspiciously near a store window. One would walk to the store and stare in the window and then return to talk with the other on a corner nearby. After following them, he saw them meet up with a third man. He suspected that the three men were casing the store for a robbery and ordered all three into the store.
The majority opinion discussed the Fourth Amendment and explains now it provides the the ability to arrest individuals without a warrant when the officers have probable cause that a suspect has committed a criminal offense. During this traffic stop, the arresting officer determined a crime had occurred. It was up to the court to determine if the officer had probable cause to arrest Pringle. Chief Justice Rehnquist determined that the arresting officers proved a crime occurred and there was probable cause to determine Pringle should be arrested. According to Chief Justice Rehnquist, when three people are in the car where drugs are located and the owner of the drugs is not clear with no one admitting possession, it is reasonable for the officers to believe that either one or all of the occupants of the vehicle committed the offense.
The police practice of carding is fundamentally perceived as a race and class issue that has come to define a tumultuous relationship between police and people of colour from the past to modern-day, causing a mistrust in police and the system. The practice of police stops allow police to operate in a grey area by obtaining evidence and information through psychological intimidation, many times directed to youth. The recent call for legislation and accountability of police has brought the issue to the forefront of media and public concern. There have been many police and community based investigations on the practice, one being the Police and Community Engagement Review (PACER). PACER stipulated that the police were going to go forward
Supreme Court also ruled that any state officials that obtain evidence by the process of illegal seizure or searches may not admit the evidence into criminal trials. The Fourth Amendment protects the rights of citizens from unreasonable seizures and searches (Pearson Education). This decision by the U.S. Supreme Court enforces the exclusionary rule of search and seizures to the all levels of the government and limits the powers that police officers have over citizens by protecting their Fourth Amendment rights (Oyez Project). This case and the decision of the U.S. Supreme Court has redefined the rights of citizens accused of crimes. The decision is controversial because it makes it difficult to determine when or how the exclusionary rule is applied.
Opinion: The opinion for this case was 6-3 upholding to Mapp. She used the First Amendment rights for her case during court. However, Mapps also used the Fourth Amendment to the U.S Constitution saying that because it was an unfair search and seizure. Her house was her privacy and they were unfairly trespassing. 10.
The 4th amendment states that the right to privacy should not by violated by conducting unreasonable searches and seizures. In the hudson v. Palmer case, an inmate named Russel Palmer sued Ted Hudson who was an officer at the Virginia prison. Palmer stated that the officer had conducted a shakedown of his locker and cell in the attempt to find hidden contraband. After the search turned out to be unsuccessful, Officer Hudson, then charged Palmer for destroying state property, as they found a ripped pillow case in his cell. Ted Hudson won the case, as the court stated that the right to privacy does not apply within a prison cell.
The only information the officers were given was shots fired but, Deputy Murphy’s comment “if I have to go in there myself I’ll charge him with anything I can find” Is over the top and unnecessary. He didn’t know what the situation was I think the officers were right to enter his house to make sure anybody in the house is ok. Since the only information they had was shots fired the officers messed up when he took the mans keys to get into his gun safe that’s when his 4th amendment rights were violated.
The Court noted that future regulation of pretrial stages with the adoption of police codes and other safeguards of fairness might render a stage not critical and vitiate the constitutional need for counsel. Regarding the case at hand, the Court held that violation of the counsel requirement did not necessitate reversal of the conviction. The conviction could be upheld if the prosecution could show by clear and convincing evidence that the in court identification of Wade as the robber was based on the witnesses ' observations of him during the crime. The Court vacated the decision of the Fifth Circuit and remanded to the trial court for further proceedings.
The legal questions in this case are: Did the stop and frisk of Christina 's violate her 4th Amendment rights? Did the search of Christina violate her 4th Amendment rights? Should the evidence taken be suppressed? These questions will be answered by applying to the facts of Martinez’s case to the precedent of Terry v. Ohio. According to the Terry v. Ohio precedent a police may perform a frisk without probable cause under the following circumstances.
“Riley v. California”) Bensur and Brokamp say in their article that in court, Riley claimed that his Fourth Amendment right was violated because the officers did not have probable cause also called reasonable suspicion to examine his phone. The case went to the Supreme Court and the judges agreed that the police had acted
Today we see a lot of protesting and opinions being stated all over social media. In the late 1960s the United States started to get involved in the Vietnam War, which started a lot of protests because people did not want to fight in a war that mainly did not concern them. In 1968, David O’Brien wanted to express his disapproval of the war (United States v. O’Brien). So, while standing outside the Boston Courthouse, he decided to burn his drafting card in front of quite a few people (United States v. O’Brien). He did this so he could exercise his first amendment right, which is the freedom of speech and/or press (United States v. O’Brien).
The police violated Wolf’s rights and since there was no warrant for arrest or warrant to search his office the police was trespassing. The police officer who violated his rights was to be punished by his superiors. The judges decided that using such evidence goes completely against the Fourth Amendment which is a basic need to our freedom. States should follow this law but are not directly forced to. States using evidence that should be excluded in their “statute becomes a form, and its protection an illusion,”(Wolf v Colorado, 1949).
In Terry v. Ohio, Reasonable suspicion was established when Terry and Clinton followed Katz towards the same location. This was when detective McFadden decided to follow the suspects and found all three men together. Probable cause is the highest standard of proof. It is a derived right from the 4th amendment. This is the standard of proof to make an arrest.
The Verdict discussed how both cases were attempting to suppress evidence from their cell phones which now contain much more information than they once did. Cases like this continue to shape our rights. The fourth amendment is here to protect ourselves from being incriminated. In modern day the fourth amendment is in question due to new technology.
41. Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution.